Kerala High Court
Nabeesa vs Ashraf on 25 September, 2024
Criminal Appeal No.1166 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CRL.A NO. 1166 OF 2024
AGAINST THE ORDER DATED 12.06.2023 IN ST NO.214 OF 2020
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THAMARASSERY.
(CRIMINAL L.P.NO.116/2024 DATED 19/06/2024)
APPELLANT(S)/COMPLAINANT:
NABEESA,
AGED 50 YEARS,
RESIDING AT KARIPPAL HOUSE, VADAKARA AMSAM DESAM,
VADAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE,
PIN - 673 101.
BY ADVS.
ARUNKUMAR P.
ZUBAIR PULIKKOOL
RESPONDENT(S)/ACCUSED AND STATE:
1 ASHRAF,
RESIDING AT KANJHIRATHINKAL HOUSE,
PARAPPANPOYIL POST, THAMARASSERY TALUK,
KOZHIKODE DISTRICT, KERALA STATE, PIN - 673 573.
2 RAMLA,
AGED 53 YEARS,
RESIDING AT KANJHIRATHINKAL HOUSE,
PARAPPANPOYIL POST, THAMARASSERY TALUK,
KOZHIKODE DISTRICT, KERALA STATE, PIN - 673 573.
3 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
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BY ADVS.
JAYARAJ NAMBIAR K.K
SIDHARTH J NAMBIAR(K/000347/2019)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.SUDHA, J.
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Crl. Appeal No.1166 of 2024
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Dated this the 25th day of September 2024
JUDGMENT
This is an appeal filed by the complainant in S.T.No.214/2020 on
the file of the Court of the Judicial First Class Magistrate-I,
Thamarassery. The complaint was filed alleging commission of the
offence punishable under Section 323 read with Section 34 IPC
against the respondents herein who were arrayed as the accused in the
complaint. After complying with the necessary formalities, the trial of
the case started and on 02/04/2022, the complainant examined herself
as PW1. On the request of the learned counsel for the accused, the
cross examination of PW1 was adjourned. Thereafter, the case was
posted on several occasions. However, the complainant did not turn up
for cross examination and hence the trial court on 12/06/2023
acquitted the accused invoking Section 256(1) Cr.P.C. Aggrieved, the
complainant has come up in appeal.
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2. Advocates Jayaraj Nambiar and Sidharth J.
Nambiar, the learned counsel for respondents 1 and 2/the accused
persons raise serious objections and draws my attention to the
impugned order which clearly refers to the number of opportunities
that had been granted to the complainant/appellant to present herself
before the Court for cross examination. It is also submitted that the
sole intention of the complainant/appellant is to harass the respondents
and not to prosecute the complaint.
3. Per contra, it was submitted by the learned counsel for
the complainant/appellant that she was unable to appear before the
Court due to personal reasons.
4. Heard both sides.
5. On going through the impugned order, I find that the
complainant/appellant had been granted more than sufficient
opportunity to present herself for cross examination. However, she
failed to turn up and therefore, the trial court cannot be faulted for
passing the impugned order. However, in the interest of justice and to
enable that the complainant/appellant to get an order on merits, the
impugned order is set aside on condition that the
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complainant/appellant pays cost of ₹15,000/- to the respondents herein
within a period of one month from the date of receipt of a copy of this
order. If the aforesaid condition is complied with, the case shall stand
restored to file and the trial court shall take all steps to dispose of the
matter as expeditiously as possible. The cost shall be paid by the
complainant/appellant directly to the counsel appearing for the
respondents in the trial court.
The appeal is disposed of accordingly.
Sd/-
C.S.SUDHA
JUDGE
ak
