Full Judgment
CRL.RC NO. 611 OF 2018 AGAINST THE ORDER IN ST NO.3804 OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM KOLLAM EAST, CR.733/2014. 2 VIJAYAN @ SOLAR S/O.MADHAVAN PILLAI, VEENA NIVAS, NEAR PAPANASAM GAS GODOWN, MUNDAKKAL EAST WARD, MUNDAKKAL VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR THIS CRIMINAL REVISION CASE HAVING COME UP FOR HEARING ON 12.06.2024, ALONG WITH Crl.RC.612/2018, 613/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.RC NO. 612 OF 2018 AGAINST THE ORDER IN ST NO.3645 OF 2014 OF JUDICIAL SAKTHIKULANGARA, CR.26/2014. 2 NOUSHAD S/O.ABDUL MUHAMMED, DIPPO PURAYIDAM, SNEHATHEERAM NAGAR-213, PALLITHOTTAM CHERI, KOLLAM WEST VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 613 OF 2018 AGAINST THE ORDER IN ST NO.2619 OF 2014 OF JUDICIAL KOLLAM EAST, CR.532/2014. 2 MUKESH S/O.MURALEEDHARAN, THODIYIL THEKKATHIL VEEDU, GANDHI NAGAR-14, ARUNOOTIMANGALAM CHERI, MANGADU VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 617 OF 2018 AGAINST THE ORDER IN ST NO.10855 OF 2013 OF JUDICIAL KOTTIYAM, CR.2741/2013. 2 ABDUL KHARIM S/O.HANEEFA KUNJU, EDAPURAYIL HOUSE, NEAR MOITHEEN MUKKU THAIKKAVU MUKKU, PUNUKANNOOR CHERI, ELAMPALLOOR VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 618 OF 2018 AGAINST THE ORDER IN ST NO.10622 OF 2013 OF JUDICIAL ERAVIPURAM CR.2047/2013. 2 THULASEEDHARAN S/O.MADHAVAN, SATHEESH BHAVANAM, NEAR PERUMPUZHA KURISADI, PUTHAKANOOR CHERI, ILAMBALLOR VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 620 OF 2018 AGAINST THE ORDER IN ST NO.2303 OF 2014 OF JUDICIAL ERAVIPURAM, CR.274/2014. 2 SANOFFER S/O.THAJUDDEEN, CHONKARA VADAKKATHIL, SREEVILASAM-215, VADAKKEVILA CHERI, VADAKKEVILA VILLAGE.
BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 621 OF 2018 AGAINST THE ORDER IN ST NO.2228 OF 2014 OF JUDICIAL SAKTHIKULANGARA, CR.1773/2013. 2 THOMAS S/O.JOHN, MALIYEKKAL VEEDU, NEAR MOOKKANNOR COLLEGE, KARAYAMPARAMBIL VILLAGE, ERNAKULAM. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 623 OF 2018 AGAINST THE ORDER IN ST NO.10846 OF 2013 OF JUDICIAL KOTTIYAM, CR.2805/2013. 2 SHAJAHAN S/O.ABDUL LATHEEF, ANWARSHAH MANZIL, KUNNUMMAL CHERI, ADICHANALLUR VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 624 OF 2018 AGAINST THE ORDER IN ST NO.10843 OF 2013 OF JUDICIAL KOTTIYAM, CR.2811/2013.
2 ANSARUDEEN S/O.ABDUL REHIMAN, RAJU NIVAS, NEAR JOLLY JUNCTION, ILLAM NAGAR, VALATHUNGAL CHERI, ERAVIPURAM VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 626 OF 2018 AGAINST THE ORDER IN ST NO.341 OF 2014 OF JUDICIAL KOLLAM EAST CR.306/2013. 2 JOHNSON S/O.JOSEPH, YESHUMANI BHAVAN, NEAR CHETTINADA TEMPLE, VADAAKKUMBHAGAM CHERI, ERAVIPURAM VILLAGE.
BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 630 OF 2018 AGAINST THE ORDER IN ST NO.10140 OF 2013 OF JUDICIAL KOTTIYAM CR.2648/2013. 2 BINU S/O.BALABHADRAN, CHINNU BHAVAN, VEPPU MUKKU, NEDUMBANA VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 639 OF 2018 AGAINST THE ORDER IN ST NO.10123 OF 2013 OF JUDICIAL KOTTIYAM, CR. 2086/2013. 2 SABEER S/O. ISMAILKUNJU, KOCHU EZHUTHANIYIL VEEDU, KANNANALLOOR CHERI, THRIKKOVILVATTOM VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 643 OF 2018 AGAINST THE ORDER IN ST NO.6000 OF 2014 OF JUDICIAL REPRESENTED BY THE SUB INSPECTOR OF POLICE,ERAVIPURAM, CR. 1101/2014 2 ANEESH. S/O. BHODANAM, ASHA BHAVAN, NEAR PARAKKULAM,PARAYIL CHERI, NADAKKAL VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 648 OF 2018 AGAINST THE ORDER IN ST NO.6097 OF 2014 OF JUDICIAL KOLLAM EAST, CR. 1446/2014. 2 RAJU S/O. ANTONY, JOSEPH BHAVAN, NEAR MILK SOCIETY,PERAYAM CHERI, MULAVANA VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 649 OF 2018 AGAINST THE ORDER IN ST NO.6142 OF 2014 OF JUDICIAL REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM CR.608/2014.
2 BIJU S/O. VIJAYAN, KRISHNAN HARI, PERAYAM CHERI, THAZHUTHALA VILLAGE FROM NEDUMPANA CHERI, NEDUMPANA VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 654 OF 2018 AGAINST THE ORDER IN ST NO.5954 OF 2014 OF JUDICIAL KOLLAM EAST CR.1257/2014. 2 SANTHOSH KUMAR S/O JANARDHANAN NADAR, KANAL PURAYIDOM VEEDU, NEAR KONDETHU BRIDGE, UDAYAMARTHANDAPURAM CHERI, MUNDAKKAL VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 659 OF 2018 AGAINST THE ORDER IN ST NO.6641 OF 2014 OF JUDICIAL ERAVIPURAM, CR.1247/2014. 2 VIJAYAKUMAR S/O.RAMACHANDRAN PILLAI, VAYALIL PUTHEN VEEDU, MANGALATHU NAGAR-235, PUNTHALATHAZHAM CHERI, VADAKKEVILA VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 660 OF 2018 AGAINST THE ORDER IN ST NO.6638 OF 2014 OF JUDICIAL ERAVIPURAM, CR.1260/2014.
2 ANEESH S/O.JOHN, MOUNT VIEW HOUSE, NEAR NSS LLB COLLEGE, VADAKKUMKARA KIZHAKKE CHERI, THAZHUTHALA VILLAGE FROM KAPPUMKOLLI VEEDU, AMBALACHERI, PALLIKKUNNAM CHERI, KANIYAMPATTA VILLAGE, KALPATTA TALUK, VAYANADU DISTRICT.
BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 663 OF 2018 AGAINST THE ORDER IN ST NO.6649 OF 2014 OF JUDICIAL ERAVIPURAM CR.1218/2014. 2 IGNATIOUS BABU S/O JOHNSON, FISHERMEN COLONY, THEKKUMBHAGAM CHERI, ERAVIPURAM VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 665 OF 2018 AGAINST THE ORDER IN ST NO.6632 OF 2014 OF JUDICIAL ERAVIPURAM, CR.1264/2014. 2 SHAJI S/O.JOHNSON, FISHERMEN COLONY-84, THANNI, THEKKUMBHAGAM CHERRY, ERAVIPURAM VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 669 OF 2018 AGAINST THE ORDER IN ST NO.4797 OF 2014 OF JUDICIAL ERAVIPURAM. CR.818/2014.
2 JAMES S/O.JIMMY, ELANJIKKAL KIZHAKKATHIL, NEAR KARIVEL THODU, VALATHUNGAL CHERI, ERAVIPURAM VILLAGE.
BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 675 OF 2018 AGAINST THE ORDER IN ST NO.5280 OF 2014 OF JUDICIAL KOTTIYAM. CR.1128/2014. 2 RATHEESH S/O.NATARAJAN, REKHA BHAVAN, VADAKKUMKARA EAST CHERI, THRIKKOVILVATTOM VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 679 OF 2018 AGAINST THE ORDER IN ST NO.5855 OF 2014 OF JUDICIAL SAKTHIKULANGARA, CR.1011/2014. 2 DANIEL S/O.STEPHEN, MATTATHU THOPPIL, SAKTHIKULANGARA CHERI, SAKTHIKULANGARA VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 680 OF 2018 AGAINST THE ORDER IN ST NO.6830 OF 2014 OF JUDICIAL KOTTIYAM CR.1655/2014.
2 RAHIM S/O PODIKUNJU, KALLUVILA VEETTIL, UMAYANELLORE PADANILAM, VADAKKUMKARA WEST CHERI, MAYYANADU VILLAGE, RESIDING AT RENTED HOUSE NAMED KALLUVILLA VEETTIL, PUDUCHIRA CHERI, THAZHUTHALLA VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 683 OF 2018 AGAINST THE ORDER IN ST NO.7225 OF 2014 OF JUDICIAL REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM CR.1751/2014. 2 VIMAL S/O.JOSEPH ALEXANDER, VILAYIL VEEDU, KANIYAPURAM-PERUMATHARA ROUTE, PUTHUKURICHI, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM.
BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 684 OF 2018 AGAINST THE ORDER IN ST NO.6857 OF 2014 OF JUDICIAL KOTTIYAM, CR. 1676/2014. 2 ARUN S/O. RATNAKAR, KUNNATH VEETTIL, MEENATTUTHAZHAM SOUTH, ERAM MIDDLE CHERI, MEENADU VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 685 OF 2018 AGAINST THE ORDER IN ST NO.6864 OF 2014 OF JUDICIAL REPRESENTED BY THE SUB INSPECTOR OF POLICE,SAKTHIKULANGARA CR.1255/2014. 2 SANTHOSH S/O. MOHANAN, SANTHOSH BHAVANAM, KONUVILA,KODUVILA CHERI, EAST KALLADA VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 687 OF 2018 AGAINST THE ORDER IN ST NO.6879 OF 2014 OF JUDICIAL KOTTIYAM, CR.978/2014.
2 RAJESH S/O.PRABHAKARAN, NARAYANAVILASAM VEEDU, NEAR SABT MHPS SCHOOL, SOCIETY MUKKU, PERUBUZHATHAZHAM CHERI, ELAMBALLOOR VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 688 OF 2018 AGAINST THE ORDER IN ST NO.6894 OF 2014 OF JUDICIAL SAKTHIKULANGARA CR. 1256/2014. 2 JACKSON JOBBY S/O. JOBI, ARUVITT AZHIKATHU VEEDU, SOUTH OF SAKTHIKULANGARA TEMPLE, SAKTHIKULANGARA CHERI, SAKTHIKULANGARA VILLAGE.
BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 691 OF 2018 AGAINST THE ORDER IN ST NO.6996 OF 2014 OF JUDICIAL REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM, CR.NO.138/2014. 2 JAYAN REJI S/O.BARNABAS,SHAJI HOUSE, VALLAKKADAVU.P.O,FC ROAD, KOCHUTHOPPU,VALIYATHURA, PETTA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 692 OF 2018 AGAINST THE ORDER IN ST NO.7104 OF 2014 OF JUDICIAL SAKTHILULANGARA CR. 1336/2014. 2 JOHNNY S/O. CLEETUS, SNEHADEEPAM NAGAR - 50, PALLITHOTTAM MURI, KOLLAM WEST VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 693 OF 2018 AGAINST THE ORDER IN ST NO.6906 OF 2014 OF JUDICIAL KOTTIYAM, CR.1723/2014.
2 SUBASH S/O.SUNDARESAN, VAYALIL PUTHENVEEDU, NEAR U.P.SCHOOL, MAVACHANKKAVU, MAMPUZHA CHERI, KOTTAMKARA VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 694 OF 2018 AGAINST THE ORDER IN ST NO.7148 OF 2014 OF JUDICIAL ERAVIPURAM, CR.1385/2014. 2 VISHNU S/O.VIJAYAN, FATHIMA MANZIL, NEAR VALIYAVILA MADAN NADA, MAYYANADU CHERI, MAYYANADU VILLAGE FROM THOTTUVAKIZHAKKATHIL, VALATHUNGAL CHERI, ERAVIPURAM VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 695 OF 2018 AGAINST THE ORDER IN ST NO.6803 OF 2014 OF JUDICIAL KOTTIYAM, CR.1666/2014. 2 ABDHUL SAMAD S/O.BASHEER, NEEROZHUKKU VEETTIL, NEAR VADAKUMBHAGAM PALLI, CONGAL CHERI, KOTTAPURAM VILLAGE, PARAVOOR. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 696 OF 2018 AGAINST THE ORDER IN ST NO.6829 OF 2014 OF JUDICIAL KOTTIYAM, CR.1512/2014. 2 AMJITH S/O.RAJU, CHAKKAMALLIL VEETTIL, NORTH SIDE OF PULIYATHMUKKU, KANNIMEL CHERI, KILIKOLLUR VILLAGE.
BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 698 OF 2018 AGAINST THE ORDER IN ST NO.8788 OF 2014 OF JUDICIAL KOTTIYAM, CR. 2229/2014. 2 SHAMNAD S/O.ZAINULABDHEEN, CHARUVILA VEEDU, EDAPPAMTHODU, MUTTAYKKAVU CHERI, NEDUMPANA VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 702 OF 2018 AGAINST THE ORDER IN ST NO.10152 OF 2013 OF JUDICIAL KOTTIYAM, CR.2587/2013. 2 SAJI S/O.MOHANAN,THEKEVILA KIZHAKETHIL, MAMBUZHA CHERI, KOTTANGARA VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 703 OF 2018 AGAINST THE ORDER IN ST NO.10165 OF 2013 OF JUDICIAL 1 STATE OF KERALA, KOTTIYAM, CR.2651/2013
2 SANALKUMAR, S/O. KOCHUKUNJU, NADUVILAZHIKATH PUTHANVEETTIL, NADUVILAKKARA CHERI, THRIKKOVILVATTOM VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 704 OF 2018 AGAINST THE ORDER IN ST NO.10182 OF 2013 OF JUDICIAL KOLLAM EAST, CR.2304/2013. 2 NISHAD KHAN S/O.SAKEER HUSSAIN, PUTHUVAL PARAYIDAM VEEDU, VALAKKADAVIL, BHEEMA PALLI CHERI, MUTTATHARA VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 708 OF 2018 AGAINST THE ORDER IN ST NO.7226 OF 2014 OF JUDICIAL KOTTIYAM, CR.1752/2014. 2 STALIN PRAKASH S/O.JAYAPRAKASH, FARSANA MANZIL, NEAR THAZHUTHALA NATIONAL PUBLIC SCHOOL, THAZHUTHALA CHERI, THAZHUTHALA VILLAGE.
BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 709 OF 2018 AGAINST THE ORDER IN ST NO.7234 OF 2014 OF JUDICIAL KOTTIYAM, CR.1806/2014. 2 BAIJU S/O.KANAKARAJAN, THEJUS MANDHIRAM, PANAYIL VAYALIL, AAKKOLI CHERI, MAYANADU VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 711 OF 2018 AGAINST THE ORDER IN ST NO.7259 OF 2014 OF JUDICIAL SAKTHIKULANGARA CR.1343/2014. 2 DEVADAS S/O.ANTONY, MARY ANJANA, AR NAGAR, MEENATHUCHERRY, SAKTHIKULANGARA VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 712 OF 2018 AGAINST THE ORDER IN ST NO.7249 OF 2014 OF JUDICIAL SAKTHIKULANGARA CR.737/2014.
2 BIJU T.M. S/O.THULASEEDHARAN, KUNNIL THEKKETHIL, NETHAJI NAGAR 71, AAKOLIL CHERI, ERAVIPURAM VILLAGE.
BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 713 OF 2018 AGAINST THE ORDER IN ST NO.7235 OF 2014 OF JUDICIAL KOTTIYAM, CR.1833/2014. 2 MANOJ S/O.BABU, THARAVATTATHU VEEDU, MULLUVILA CHERI, VADAKKEVILA VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 716 OF 2018 AGAINST THE ORDER IN ST NO.7153 OF 2014 OF JUDICIAL ERAVIPURAM CR.1294/2014. 2 SHAMNAD S/O.YUSUF KUNJU, SAIDALI NAGAR-21, VALATHUNGAL CHERI, ERAVIPURAM VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 719 OF 2018 AGAINST THE ORDER IN ST NO.8785 OF 2014 OF JUDICIAL KOTTIYAM CR.2226/2014.
2 SANTHOSH KUMAR @ KANNAN S/O.CHELLAPPAN, LAKSHMI VILASAM, EAST OF KSRTC BUS STATIOIN, CHITTANIKKARA DESAM, ATTINGAL VILLAGE.
BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 721 OF 2018 AGAINST THE ORDER IN ST NO.2985 OF 2014 OF JUDICIAL SAKTHIKULANGARA, CR.366/2014. 2 ANEESH S/O OMANAKUTTAN, AKIL NIVAS, KUZHIYAM MURI, PERINADU VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR CRL.RC NO. 722 OF 2018 AGAINST THE ORDER IN ST NO.10838 OF 2013 OF JUDICIAL REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM, CR.2791/2013.
2 BALACHANDRAN PILLAI S/O KUTTAN PILLAI, NEDUVAM VEEDU, NORTH OF PALLIMON MARKET, PALLIMON CHERI, NEDUMBANA VILLAGE. BY ADV. SRI.SANGEETHARAJ N R, PUBLIC PROSECUTOR CRL.RC NO. 723 OF 2018 AGAINST THE ORDER IN ST NO.6669 OF 2014 OF JUDICIAL KOLLAM EAST, CR.1620/2014. 2 MURUGAN S/O RAMASWAMI, PULLIKADA COLONY, VADAKKUMBHAGAM CHERI, KOLLAM EAST VILLAGE. BY ADV.C.N.PRABHAKARAN, SR. PUBLIC PROSECUTOR
ORDER
[Crl.RC.Nos.611/2018, 612/2018,613/2018, 617/2018, Suo motu proceedings were initiated against the order of acquittal on the ground that the jurisdiction under Section 258 Cr.P.C. was exercised without any sufficient ground and without the compliance of requirement as mandated.
2. Section 258 Cr.P.C. is extracted below for reference:
“258. Power to stop proceedings in certain cases.-In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses
has been recorded, pronounce a judgment
of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.”
3. In a summons case, it is permissible for
the Magistrate, for the reason to be recorded, to stop further proceedings at any stage without pronouncing any judgment and to release the accused which will have the effect of a discharge or in the case of recording of statement of principal witness to pronounce a judgment of acquittal, if it is found that the accused could not be procured within a reasonable time or cost of procuring the accused would exceed the maximum fine amount that can be imposed for the offence alleged against.
4. A Division Bench of this Court had the
occasion to consider the application of Section 258 Cr.P.C. in a summons case in Suo motu v. State of Kerala and Another (2023 KHC OnLine 821). The relevant portion of the judgment is extracted below for reference:
“ii. In the case of those summons-cases instituted otherwise than upon a complaint, which do not qualify as petty offences, where the prosecution files a report stating unambiguously that despite its best efforts at locating the accused, it has not been successful in securing the presence of the accused before the Magistrate, the Magistrate concerned shall scrutinise the report submitted by the prosecution to satisfy himself/herself of the fact that reasonably sufficient steps have been taken by the prosecution to ensure the presence of the accused and that the costs of ensuring the appearance of such accused far exceed the maximum fine that is prescribed under the Statute for the offence concerned. In the event of the Magistrate being satisfied of both of the aspects mentioned above, then it would be permissible for the Magistrate to record an order of stoppage of proceedings in accordance with Section 258 of the Cr.P.C.”
5. Being the legal position settled as above,
it is within the jurisdiction of the trial court/concerned Magistrate to exercise the power under Section 258 Cr.P.C. on its satisfaction that the presence of the accused could not be procured in spite of attempt or that the cost of ensuring/procuring the accused would exceed the maximum fine that may be imposed for the offence. These cases would squarely fall under the purview of Section 258 Cr.P.C.. Hence, stoppage of proceedings by the learned Magistrate deserves no interference. The revisions fail and are closed. Sd/- P.SOMARAJAN JUDGE SPV