Shaji v. M.I. Baby
Case brief
What is this about?
In this criminal appeal against acquittal, the High Court dismissed the appeal for non-prosecution. The first respondent, convicted of certain offences but acquitted of others, had not been served with the appeal summons despite repeated postings for steps.
What did the court decide?
The criminal appeal was dismissed for non-prosecution as the respondent was not served.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 7TH DAY OF SEPTEMBER 2012/16TH BHADRA 1934
CRL.A.No. 259 of 2002 ( ) ------------------------ST.356/1995 of J.M.F.C., CHALAKUDY
APPELLANT(S)/COMPLAINANT:
SHAJI, S/O.PUTHUPARAMBIL NARAYANAN, POLICE CONSTABLE,VELLIKKULANGARA.
BY ADVS.SMT.S.JEEJA BAI SMT.DHANYA P.ASHOKAN
RESPONDENT(S)/ACCUSED:
1. M.I.BABY,SUB INSPECTOR,VELLIKKULANGARA
- POLICE STATION.
2. STATE OF KERALA.
Issues for consideration
2 issues framed by the court
Whether a criminal appeal against acquittal can be dismissed for non-service of process on the respondent
Whether defects in service of summons prejudices the appellate court from dismissing the appeal
Parties & counsel
- appellant
SHAJI, S/O.PUTHUPARAMBIL NARAYANAN
- respondent
M.I.BABY
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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