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2022 Supreme(Online)(KER) 55322

HIGH COURT OF KERALA
Kauser Edappagath, J
DR.PREMSANKAR
– Appellant
Versus

THE STATE OF KERALA – Respondent


Advocates:
P.MARTIN JOSE, M.A.MOHAMMED SIRAJ, P.PRIJITH, THOMAS P.KURUVILLA, MANJUNATH MENON, AJAY BEN JOSE, SRI.P.VIJAYA BHANU (SR.), SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SRI.V.C.SARATH, SMT.SRUKTHY BHAT, POOJA PANKAJ, SMT BINDU O.V-PP

J U D G M E N T

Dated this the 1st day of July, 2022 This appeal has been filed challenging the judgment in C.C.No.790/2011 on the file of the Judicial First Class Magistrate Court, Chavakkad. The appellant is the defacto complainant.

Respondents 2 to 5 are the accused.

2. The appellant herein filed a private complaint before the Judicial First Class Magistrate Court, Chavakkad (for short 'the Court below') against the respondent Nos. 2 to 5. The court below after conducting enquiry under Section 202 of Cr.P.C took the complaint on file and issued process to respondent Nos. 2 to 5. The respondents entered appearance. Thereafter, the case was posted for evidence under Section 244 of Cr.P.C. It was adjourned from time to time. When the case was posted on 30.3.2019, even though the complainant/appellant herein was present, the counsel for the complainant was absent. The complainant sought for adjournment. But the court below dismissed the complaint and acquitted the accused under Section 255 (1) of Cr.P.C as per the impugned judgment. The said judgment is under challenge in this appeal.

3. I have heard Sri. P. Martin Jose, the learned counsel for the appellant, Smt. Sruthy Bhat, the lear

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