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2019 Supreme(Ker) 402

RAJA VIJAYARAGHAVAN V.
Suo Motu Proceedings as per the Resolution of the Administrative Committee in its Meeting held on 18. 09. 2017 – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Respondent: Government Pleaders, Ramesh Chand & Ajith Murali Advs.

ORDER :

These Revision Petitions are registered suo motu against the orders of discharge passed by the learned Judicial Magistrate of the First Class III (Temporary), Kollam invoking the powers under S.258 of the Code of Criminal Procedure.

2. It was brought to the notice of this Court by the Chief Judicial Magistrate Court, Kollam that the courts below had disposed large number of cases invoking S.258 of the Cr.P.C. The cases thus disposed include cases registered under S.15(c) r/w.S.63 of the Abkari Act, S.27(b) of the Narcotic Drugs and Psychotropic Substances Act, and S.279 of the I.P.C r/w. S.185 of the Motor Vehicles Act.

3. On noticing that the manner of disposal of the criminal proceedings had resulted in failure of justice, suo motu Revision Petitions were ordered to be registered.

4. From the proceedings sheet, it is evident that the accused were discharged owing to the failure of the prosecution to procure the presence of the accused before the court. It does not appear from the proceeding sheet that summons were served on the accused or that the non-bailable warrant was returned unexecuted. The order sheet also does not show whether process was actually issued from the cour






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