T P BABY Vs. C P DASAN

JUDGEMENT

(1.) THE revision petitioner is the complainant in C.C. No.166/2002 who had initiated proceedings under Section 494 IPC. THE accused was discharged under section 249 Cr.P.C as the complainant was absent and there was no representation. It is the case of the revision petitioner that he happened to be absent on account of a mistake in noting the posting date.

(2.) IN the circumstances, the order of the court below is set aside. The court below is directed to permit the petitioner to further pursue the matter. The revision petitioner shall appear before Judicial First Class Magistrate-V, Kozhikode on 25.04.2007. The Crl.R.P is allowed accordingly.