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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
M/S. V K L SEASONINGS PVT. LTD – Appellant
Versus
M/S. CAPTIVATE FOODS PRIVATE LIMITED – Respondent
| Table of Content |
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| 1. judicial discretion to restore cases when accused absences hinder proceedings. (Para 1 , 2) |
ORDER
The above Criminal Revision Petition is filed against the order dated 22.11.2024 in C.C.1169/2019 on the file of the Judicial First Class Magistrate Court-IV, Ernakulam. The above order was passed under Section 204 Cr.P.C. Petitioner is the complainant in the above case. According to the petitioner, the petitioner was not able to take steps because of some confusion regarding the posting dates.
2. Admittedly, the accused in the above case has not appeared before the trial court. Notice issued to respondents 1 to 5 returned unserved with an endorsement “addressee/respondents could not be found”. Since the impugned order was passed before the appearance of respondents 1 to 5, and even after notice, the respondents could not be found, I think notice to them can be dispensed with. Considering the facts and circumstances of the case, I think an opportunity can be given to the petitioner.
Therefore, this Criminal Revision Petition is allowed in the following manner:
1. The order dated 22.11.2024 in C.C.1169/2019 on the file of the Judicial First Class Magistrate Court- IV, E
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