K. M. BASHEER Vs. C. B. SHAJI

JUDGEMENT

(1.) These appeals are filed by the respective complainants in the courts below against the acquittal orders passed by the Trial Court under S.256 (1) of the Code of Criminal Procedure. Since the questions raised in these appeals are one and the same and the nature of the orders passed are also the same, this court consider these appeals together and dispose of by a common judgment.

(2.) The orders under challenge in these appeals are the proceedings of the Trial Courts passed under S.256(1) of CrPC by which the respective respondents were acquitted on the ground of absence of the complainants in each case. The common contention raised in these appeals is that the orders are not passed applying the judicial mind of the Trial Courts and also not in accordance with the provisions of the Code of Criminal Procedure. Hence the orders should be set aside and the matter shall be remanded back.

(3.) Before considering the contentions raised in the appeals this court think it is advantageous to reiterate the orders passed by the Trial Courts which are in uniform every respect. The order reads as follows: