This Criminal Appeal against acquittal was dismissed for non-prosecution. The court noted that despite ordering notice in 2005, service was not completed until 2013 after the accused had vacated premises, and the appeal was filed without addressing merit.
The criminal appeal is 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 13TH DAY OF MARCH 2013/22ND PHALGUNA 1934
CRL.A.No. 120 of 2005 ( )
(AGAINST THE ORDER OF ACQUITTAL IN ST.202/2002 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA DATED 21-10-2004)
APPELLANT(S)/COMPLAINANT:
P.P.FIROZ BABOO, S/O. MOHAMMED ALI, POOLAMANNA P.O., PANDIKKADU AMSOM, ERNAD TALUK MALAPPURAM DISTRICT.
BY ADV. SRI.K.MUHAMMED SALAHUDHEEN
RESPONDENT(S)/ACCUSED/STATE:
1. DR.P.P.BALAKRISHNAN, HOMEO DOCTOR, PRASANTH HOMEO CLINIC, PERINTHALMANNA NOW PRACTICING AS HOMEO DOCTOR, K.P.COMPLEX OPP.CHITHRALAYA THEATRE, ANGADIPURAM P.O. PERINTALMANNA TALUK, MALAPPURAM DISTRICT.
2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.
R2 BY ADV. PUBLIC PROSECUTOR SRI.V.H.JASMINE
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
Crl.A.No.120 of 2005
Dated this the 13th day of March, 2013
JUDGMENT
The above appeal is pertained to the year 2005. Though notice on admission was ordered on 25.01.2005 so far service of notice is not completed. Finally the notice was sent on 23.01.2013 which returned after affixing notice before the door stating that the addressee vacated the shop due to non-payment of rent. The above proceedings of the serving Officer is not on the basis of a petition moved for substitute service.
2
Crl.A.No.120 of 2005
25.01.2005. The above approach of the petitioner/ appellant shows that he is not interested in prosecuting this matter properly. Therefore, the above appeal is dismissed for non prosecution.
V.K.MOHANAN, JUDGE
mns
2 issues framed by the court
Whether the criminal appeal should be decided on merits when the appellant failed to prosecute the matter.
Validity of the acquittal order under Section 255(1) of Cr.P.C.
P.P. Firoz Baboo
Dr. P.P. Balakrishnan
The State of Kerala
V.K. Mohanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
