Shakkir Ahammed v. Chenadan Siddique

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.D.RAJAN WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 CRL.A.No. 1317 of 2004 ( ) --------------------------- AGAINST THE ORDER IN CC 202/2003 of JUDL. FIRST CLASS MAGISTRATE, MANJERI DATED 08-01-2004 ---------------- APPELLANT(S)/COMPLAINANT::

---------------------------------------------- SHAKKIR AHAMMED, S/O. SHOUKATHALI, PUTHENPEEDIKA HOUSE, PATHAPIRIYAM MALAPPURAM DISTRICT.

BY ADV. SRI.K.P.MUJEEB RESPONDENT(S):

-------------------------

1. CHENADAN SIDDIQUE, S/O. KUNHIMOIDEEN HAJI, NAVAROSA BHAVAN, ARECKAD, THALAPPARA, THALAKKADATHUR P.O., PIN-676 103, TIRUR-3.

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

R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK

P.D. RAJAN, J.

------------------------------- Crl. Appeal No.1317 of 2004 ---------------------------------------------- Dated this the 22nd day of July, 2015

JUDGMENT

This appeal is preferred against the acquittal of the accused in C.C.No.202/03 of the Judicial First Class Magistrate, Special Court (Forest), Manjeri. On 8.1.2004, the de-facto complainant was absent. There was no representation. In this circumstance, the accused was acquitted. After filing this appeal, specific direction was given to the appellant to take steps against the respondent. Even after several directions, service to the 1st respondent was not completed. Since the matter is long pending from 2004 onwards, the appellant is not interested in issuing notice to the first respondent. Hence, this appeal is dismissed for non-prosecution. Sd/- P.D. RAJAN, STK JUDGE //TRUE COPY// P.A. TO JUDGE