The High Court dismissed this criminal appeal for want of prosecution, noting that the appellant failed to take necessary steps to secure the presence or produce the first respondent (accomplice) despite repeated court directions from 2004 to 2015.
This 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 P.D.RAJAN
TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937
CRL.A.No. 1944 of 2004 ( )
AGAINST THE JUDGMENT IN Crl.L.P. 742/2004 of HIGH COURT OF KERALA DATED 18-11-2004
AGAINST THE JUDGMENT IN ST 438/2004 of SPL.J.M.F.C. FOR TRIAL OF MARADU CASES, KOZHIKODE DATED 16-10-2004
APPELLANT/COMPLAINANT:
P.ABDUL NAZER,S/O. UMMER KOYA, AGED 39 YEARS, CHALAKKAL HOUSE, VELLAYIL ROAD CALICUT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S)/ACCUSED: -----------------------
R, BY ADV. PUBLIC PROSECUTOR SMT SEENA RAMAKRISHNAN
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.D.RAJAN, J
Crl. A.No. 1944 of 2004
....................................... Dated 28th July, 2015
JUDGMENT
This appeal is preferred against the judgment in S.T.No.438 of 2004 of Special Judicial First Class Magistrate (Marad Cases), Kozhikode. The case was posted in the trial court on 31.8.2004. On that day, the appellant was absent and the accused was acquitted under Section 256(1) Cr.P.C. Against that, appellant preferred this appeal by special leave. After filing this appeal, this court directed to take steps against the first respondent. On 30.6.2011, this court directed to take steps within one week. Thereafter, no steps were taken by the appellant. On 28.7.2005, this court directed to issue notice to the first respondent by special messenger. Steps were not taken for issuing notice to first respondent. In the circumstances, this appeal is dismissed for non prosecution.
P.D.RAJAN, JUDGE
lgk
2 issues framed by the court
Whether this appeal should be dismissed for want of prosecution due to failure to take steps against the accomplice/first respondent.
Whether the order of acquittal should be set aside despite the dismissal of the appeal for non-prosecution.
A.P Abdul Nazer
K. Babu
The State of Kerala
P. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
