Dismissed

Shaji.K.T. v. Suvarnathara (Itscs)and Others

Kerala HC30 Jul 2015CRL.A/905/2009

Case brief

AI extract

What is this about?

The High Court considered a criminal appeal against an acquittal. The appellant, summoned to prosecute the appeal after lapsed opportunities, failed to appear with counsel. Relying on Khaili, the court dismissed the appeal for non-prosecution due to the appellant's inordinate delay and lack of interest.

What did the court decide?

The criminal appeal is dismissed for non-prosecution.

Shaji.K.T. Vs Suvarnathara (Itscs)and Others — Criminal Trial and Appeal | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.D.RAJAN

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THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937

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CRL.A.No. 905 of 2009 ( )

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AGAINST THE JUDGMENT IN Crl.L.P. 870/2008 of HIGH COURT OF KERALA DATED 17-03-2009

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AGAINST THE ORDER/JUDGMENT IN CC 570/2002 of J.M.F.C.-I,THRISSUR DATED 21-03-2005

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APPELLANT/COMPLAINANT: ------------------------------------------------

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SHAJI.K.T. M/S. L.G. SHOPPE, POTTEKKAT BUILDINGS VADAKKE BUS STAND, THRISSUR - 20. BY ADV. SMT.A.A.SHIBI (LEGAL AID) RESPONDENT(S)/ACCUSED AND STATE:

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SUVARNATHARA (ITSCS)AND OTHERS NO.R. 339, REPRESENTED BY ITS, SECRETARY JANCY, THIRUVANKULAM, IRANIKULAM.P.O THRISSUR DISTRICT.

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JANCY, SUVARNATHARA (ITSCS), THIRUVANKULAM, IRANIKULAM.P.O, THRISSUR DISTRICT.

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MOHANAN, PRESIDENT, SUVARNATHARA (ITSCS), THIRUVANKULAM, IRANIKULAM.P.O THRISSUR DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI -31. R,R3 BY ADV. SRI.KKM.SHERIF R,R3 BY ADV. SRI.LAL K.JOSEPH R,R3 BY ADV. SRI.A.A.ZIYAD RAHMAN R,R3 BY ADV. SMT.SHEENA SAMUEL R,R3 BY ADV. SRI.V.R.REKESH BY PP SMT SAREENA GEORGE

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.D.RAJAN, J

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......................................... Crl. A.No.905 of 2009 ....................................... Dated 30^th July, 2015

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JUDGMENT

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This appeal is preferred against the judgment in C.C.No.570 of 2002 of Judicial First Class Magistrate-I, Thrissur against the acquittal of the accused under Section 256(1) Cr.P.C. On 31.5.2002, the complaint was filed and the case was posted for several times. On 21.3.2005, the case was posted for appearance of the accused. The complainant not being present either in person or through pleader, the trial court acquitted the accused under Section 256(1) Cr.P.C. Hence the defacto complainant approached this court. Leave was granted on 17.3.2009. After that, this court directed to give notice to the respondents. No steps were taken against the respondents even after repeated directions. Finally, there was no representation for the appellant and learned counsel was also absent. In the circumstance on 14.7.2015, Adv.A.A.Shibi was appointed to provide legal aid to the appellant for disposing the matter.

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Heard the learned counsel. Learned counsel submitted that the principles of natural justice has to be considered while disposing the petition under Section 256(1) Cr.P.C. The records show that there was laches from the side of the appellant in prosecuting the matter. Here also several opportunities were given to the appellant

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to prosecute the matter, but there was no response. In such

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Crl.A.905/2009

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circumstances, considering the facts and conduct of the appellant, I dispose of the matter in view of the decision of the Supreme Court

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in Khaili V. State of UP (1982 SCC Crl.143). Since the appellant is not interested in prosecuting the matter, this appeal is dismissed for non prosecution.

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P.D.RAJAN, JUDGE

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lgk

Shaji.K.T. v. Suvarnathara (Itscs)and Others

Case brief

What is this about?

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Shaji.K.T. v. Suvarnathara (Itscs)and Others

Case brief

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