KAVITHA ALIAS ANNADURAI Vs. STATE

JUDGEMENT

(1.) Challenging the acquittal of the 2nd Respondent/Accused in C.C.No.514 of 2007 on the file of the learned Judicial Magistrate No.II, Coimbatore by judgment dated 28.08.2009, the petitioner, who is the de facto complainant in the said case, has come forward with this revision.

(2.) The 2nd respondent/accused was facing trial. On 26.07.2007 charges were framed against him for the for offences under Sections 417 and 506(ii) of IPC. Thereafter, from the records, it is seen that summons were issued to the de facto complainant and the second witness, who is the mother of the petitioner/de facto complaint, cited in the charge-sheet which were served on 02.04.2008. But, they did not appear. Thereafter, Non Bailable Warrants for their arrest were issued on 06.08.2009. Though, the case was listed for hearing on 14.08.2009, 19.08.2009 and 25.08.2009, the witnesses were not produced by the prosecution and as a matter of fact, there was no reply from the police as to whether the warrants had been executed or not. In those circumstances, the learned Judicial Magistrate, relying on the principles laid down by this Court in State v. Veerappan , 1980 Crl. L.W. 187, acquitted the accused by judgment dated 28.08.2009. Curiously, the 1st respondent has not chosen to prefer any appeal against the order of acquittal. Aggrieved over the said order of acquittal, the de facto complainant therein is before this Court with this revision.

(3.) It is submitted by the petitioner that summons were never served on them by the 1st respondent police and they were not aware of the fact of issuance of warrants against them. The learned counsel appearing for the petitioner would submit that principles laid down in Veerappan's case cited supra have been erroneously applied to the facts of the present case.