The High Court of Kerala dismissed a criminal appeal for non-prosecution. The appellant failed to appear at the hearing despite multiple opportunities and notices, leading the court to conclude they were not interested in prosecuting the matter.
The criminal appeal was dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
WEDNESDAY, THE 22ND DAY OF AUGUST 2012/31ST SRAVANA 1934
CRL.A.No. 1642 of 2004 (E )
AGAINST THE ORDER/JUDGMENT IN LP.366/2004 DATED 05-10-2004 CC.499/1999 of J.M.F.C.-III,TRIVANDRUM
APPELLANT:COMPLAINANT :
BEENA WINNY PERERA, DORIA BEAUTY PARLOUR, KAZHAKKOOTAM NOW RESIDING AT, JOCULAR MANAMKULAM, KANIAPURAM P.O., TRIVANDRUM.
BY ADVS.SRI.K.P.JAYACHANDRAN
SRI.DILIP MOHAN
RESPONDENTS:
KARIYIL KAZHAKKOOTTAM P.O., TRIVANDRUM.
PUBLIC PROSECUTOR – SRI.P.M.SANEER
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN,J.
Crl.Appeal No.1642 of 2004
Dated this the 22nd day of August, 2012
JUDGMENT
On admitting the appeal notice was ordered as early as on 07/10/2007.
Crl.A.No.1642/2004
: 2 :
the appeal before the bench on 06/08/2012, on which date there was no representation for the appellant. Therefore this Court suo-motu adjourned the case and posted after a week as last chance. In spite of the above order dated 06/08/2012 and the opportunities given to the appellant to cure the defect, the defect still exists and there is no representation for the appellant, though the case is posted today in the defects list.
The above approach of the appellant as well as her counsel shows that they are not interested in prosecuting this appeal. Therefore the above appeal is dismissed for non-prosecution.
V.K.MOHANAN, JUDGE
skj
1 issue framed by the court
Whether the criminal appeal should be disposed of given the appellant's non-prosecution after being given opportunities to appear.
BEENA WINNY PERERA
M.S.ANIL KUMAR
STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
