ESAKKIMUTHU Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the order passed in Cr.M.P.No.514 of 2023 dtd. 22/2/2023 by the learned II Additional Sessions Judge (PCR), Thirunelveli.

(2.) The case of the prosecution is that on 5/5/2021 at about 05.00 p.m., the appellant had abused the third respondent/defacto complainant by using obscene words and his caste name and attacked him with sword and also criminally intimidated him. Hence, the second respondent registered a case against the appellant in Crime No.144 of 2021 for the offences under Ss. 294(b), 307 and 506(2) IPC and Ss. 3(l)(r), 3(l)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

(3.) It is pertinent to note that the third respondent, after receiving the Court notice, has appeared before this Court on 6/4/2023 and got time for engaging a counsel and the case was adjourned to 11/4/2023. When the matter was taken up for hearing on 11/4/2023, there was no representation for the third respondent and he was called absent and the case stands posted on 12/4/2023 (today) finally. When the matter is taken up for hearing today, there is no representation for the third respondent and the third respondent is called absent.