The High Court of Kerala allowed the appellant's submission of non-interest in prosecuting the matter and dismissed the Criminal Appeal for lack of prosecution, without further adjudication on merits.
The Criminal Appeal for non-prosecution was dismissed for lack of interest by the appellant.
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
THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937
CRL.A.No. 784 of 2008 ( )
AGAINST THE JUDGMENT IN Crl.L.P. 36/2008 of HIGH COURT OF KERALA DATED 16-01-2008 AGAINST THE JUDGMENT IN CC 676/2003 of J.M.F.C.,TALIPARAMBA DATED 0311-2004 APPELLANT/COMPLAINANT: ------------------------A.RAJAN, S/O.KUNHAMBU, AGED 46 YEARS, ATHIYADATH HOUSE, MORAZHA AMSOM, KANOOL DESOM P.O.KANOOL, TALIPARAMBA TALUK. BY ADV. SRI.O.V.MANIPRASAD
RESPONDENT(S)/ACCUSED AND STATE:
---------------------------------------------------------------1. DEVASSIA KADAKKUZHIYIL, S/O.DEVASSIA, KADAKKUZHIYIL HOUSE, P.O.THIMIRI, PERUMPADAVU VIA-CHAPPARAPPADAVU, TALIPARAMBA TALUK KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R, BY ADV. PUBLIC PROSECUTOR SMT SEENA RAMAKRISHNAN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.D.RAJAN, J
....................................... Dated 30th July, 2015
JUDGMENT
Heard. Adv.Jose Antony who represents the counsel for the appellant, Sri O.V.Maniprasad, submitted that even after earnest efforts, he could not contact the appellant. This court on several occasions directed the appellant to take steps against first respondent. Leave was granted on 16.1.2008. On 24.1.2015, this court directed to issue notice through special messenger to first respondent and the case was posted to 30.7.2015. The messenger D.K.Dinesh Babu reported that even after several requests, learned counsel failed to furnish the details of the first respondent and he did not remit the bata, hence he returned the order issued from the Registry.
P.D.RAJAN, JUDGE
lgk
1 issue framed by the court
Whether the criminal appeal should be allowed when the appellant abandons the prosecution.
A. Rajan
Devassia Kadakkuzhiyil
State of Kerala
P. D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
