PAPPACHAN C.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in this matter is: does the mistake committed by the court/court staff is the sole reason to non suit an aggrieved party before the Court?

(2.) This Crl.M.C has been filed under Sec. 482 of the Code of Criminal Procedure to set aside the order condoning delay in filing complaint filed by the complainant, as per Annexure -II on the allegation that the delay was condoned without filing a petition to condone the delay, without sufficient cause and without notice to the accused. Further it is prayed to quash all proceedings under Annexure 1 complaint on the files of Judicial First Class Magistrate Court-III, Muvattupuzha, for the said ground. The petitioner herein is the sole accused in C.C.No.645 of 2019 pending before the Judicial First Class Magistrate Court-III, Muvattupuzha vide S.T.No.2317/2019.

(3.) Though notice was issued to the 2nd respondent, the complainant in the above case, he did not appear.