The Court dismissed a criminal appeal for non-prosecution. The appeal had no representation despite continued adjournments by the Court due to the absent counsel, indicating lack of interest in prosecuting the matter.
The criminal appeal is dismissed for non-prosecution.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
FRIDAY, THE 7TH DAY OF SEPTEMBER 2012/16TH BHADRA 1934
CRL.A.No. 1897 of 2009 ( )
-------------------------CC.617/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT.-I, KOCHI.
APPELLANT/COMPLAINANT:
M/S.ST.JOSEPH SEVA KENDRAM, REGISTER NO.93/72, OCHAMTHURUTHU P.O., PIN- 682 508, REPRESENTED BY ITS SECRETARY, SRI.JOSEPH NIXSON.
BY ADVS. SRI.PREMCHAND R.NAIR,
SRI.ANTONY SHELMAN, SMT.C.A.RAKHI ANTONY.
RESPONDENT/ACCUSED & STATE:
1. P.P. SIVAN, S/O.PAPU,
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
R2 BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
V.K.MOHANAN, J.
Crl.A.No.1897 of 2009
Dated this the 07th day of September, 2012
JUDGMENT
When the above appeal was posted for admission on 26/06/2012, there was no representation. Therefore this Court suo-motu adjourned the matter and posted on 27/07/2012, on which date also there was no representation. Again this Court suo-motu adjourned the matter to a date after two weeks. Thus when the matter came up for consideration on 16/08/2012 recording the continuous absence of the counsel on the previous dates and also on 16/08/2012 posted this matter after Onam vacation. Thus this matter stands posted today, but today also the same is the position. There is no representation. The above facts and conduct of the counsel show that they are not interested in prosecuting the matter. Therefore the above appeal is dismissed for nonprosecution.
V.K.MOHANAN, JUDGE
skj
1 issue framed by the court
Whether the criminal appeal should be allowed or dismissed due to non-prosecution by the appellant's counsel.
M/S. ST. JOSEPH SEVA KENDRAM
P.P. SIVAN
STATE OF KERALA
V.K. MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
