JASEENTHA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE complainant in a private complaint is the petitioner herein, who seeks leave of this Court to file an appeal against the order dated 4.4.2012 in C.C. No. 60 of 2009 of the court of Judicial First Class Magistrate -I, Attingal, by which the learned Magistrate discharged all the 5 accused under section 245(1) of Cr.P.C., who faced the prosecution for the offences punishable under section 454, 380, 341, 323, 427 and 354 of IPC, at the instance of the present petitioner who is the complainant therein. Heard Sri. M. Ramaswamy Pillai, learned counsel for the petitioner and Sri. M.R. Sarin, learned counsel for the respondent, and Smt. Laliza T.Y., learned Public Prosecutor for the State.

(2.) WHEN the above matter came up for consideration on 4.10.2012, this Court directed the petitioner to produce the B diary proceedings of the court below and finally, today morning, learned counsel for the petitioner produces the readable copy of the order sheet in C.C. No. 60 of 2009 of the trial court by filing a petition dated 19.12.2012 to accept the document.

(3.) ON the other hand, counsel for the respondent strenuously submitted that the petitioner was negligent in prosecuting the matter and the complaint was filed against the accused on experimental basis and to harass them. It is pointed out by the counsel for the respondent that for the absence of the petitioner on 4.4.2012, no explanation is forthcoming from the part of the petitioner and therefore the petitioner is not entitled to get the relief as sought for in this petition.