Shellariyan Karthiyayani v. Ravindran

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 CRL.A.No. 575 of 2003 ( ) -------------------------- AGAINST THE JUDGMENT IN CC 586/1998 of J.M.F.C.,PAYYANNUR --------------- APPELLANT(S)/COMPLAINANT:

---------------------------------------------- CHELLARIYAN KARTHIYAYANI, 40 YEARS, W/O. SREEDHARAN, CHELLARIYAN HOUSE, EZHOME AMSAM (P.O.), PAYANGADI, KANNUR DISTRICT.

BY ADV. SRI.SREEPRAKASH K.NAIR RESPONDENT(S)/ACCUSED & STATE:

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1. RAVINDRAN CHENGATHADAM HOUSE, EZHOME AMSOM, DESOM, NEAR PLYWOOD COMPANY, (P.O.) PAYANGADI, KANNUR DISTRICT.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK

P.D. RAJAN, J.

------------------------------- Crl.Appeal 575 of 2003 ---------------------------------------------- Dated this the 4th day of August, 2015

JUDGMENT

This appeal is preferred against the judgment in C.C.586/98 of Judicial First Class Magistrate, Payyannur for offence punishable under Sections 341, 354, 323, 506(1) IPC upon a complaint. To prove the offence, the trial court examined PW1 to PW4 and marked Ext.P1 in support of their evidence. The accused examined DW1 to DW3 and marked Ext.D1 to Ext.D7. The trial court after analysing the evidence acquitted the accused. After obtaining special leave, this appeal was preferred by the de-facto complainant. This court directed the appellant to give notice to first respondent. Even after specific directions, notice was not served on first respondent. Since the matter was considered in detail by the trial court, I am of the view that the de-facto complainant/appellant is not interested in prosecuting the matter further and this appeal is dismissed for non-prosecution. Sd/- P.D. RAJAN, STK JUDGE //TRUE COPY// P.A. TO JUDGE