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2007 Supreme(Ker) 589

R.BASANT
Y. P. Baiju – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
V. Venugopalan Nair, C. Unnikrishnan (Kollam), for Petitioner; Public Prosecutor M. S. Breez, for Respondents.

ORDER

Is composition of a criminal offence a unilateral act or a bilateral one? Is it necessary to insist on the appearance of an accused person to enable the victim to compound a criminal offence? Is a Criminal Court justified in insisting on a joint application for composition by the victim and the accused for invoking the powers under Section 320, Cr. P. C. to accept and/or accord permission for a composition? Is there any distinction between "withdrawal" of a complaint under Section 257, Cr. P. C. and composition of an offence under Section 320, Cr. P. C.? Even if there be such a distinction, is that distinction relevant in the dynamics of operation under Section 320, Cr. P. C.? Does such alleged distinction justify insistence by the Court on the personal appearance of the accused to consider an application for composition? In a case where the Court has chosen to issue non-bailable warrant against the accused, is it essential that such accused must appear personally before the Court for any further steps-even for a further step for which personal presence of the accused is not essential? The above questions of daily relevance, recurrence and significance before a criminal Court








































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