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V. G. ARUN
Byju Sebastian – Appellant
Versus
State of Kerala – Respondent
ORDER :
The petitioner is aggrieved by Annexure A4 order by which the District & Sessions Judge, Pathanamthitta took cognizance of the offences punishable under Section 506 IPC and Section 3(2)(va) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act. Cognizance of the said offences was taken and summons issued to the petitioner based on a protest complaint filed by the third respondent. The essential facts are as under;
2. In the year 2010, the petitioner purchased land comprised in Re-survey Nos.17/11, 18/7/1 in Block No.9 of Pazhavangadi village as per document No.2065 of 2010. The petitioner and family are residing in that property. When the petitioner purchased the property it had no vehicular access. In order to facilitate easy access, the petitioner purchased the property having an extent of 40 sq.meters in Re-survey No.18/6/4. Thereafter, the petitioner constructed a cartable private road having an approximate length of 70 meters, starting from the Pallippadi-Thalakottupadi Panchayat road and reaching up to the petitioner’s residence. The property lying on the western side of petitioner’s property was owned by one V.T.Varghese. The said person gifted three
Procedural integrity is crucial in cognizance of offenses after 'B' report rejection under IPC and SC/ST Act.
The importance of the court's independent judicial mind and the disclosure of prima facie materials in the order taking cognizance.
The High Court should not stifle a legitimate prosecution and should not consider the defense of the accused in its inherent power under Section 482 Cr.P.C.
The court established that inherent powers under Section 482 of the CrPC can quash proceedings lacking sufficient evidence or motivated by malice.
A magistrate must provide an opportunity to the accused before taking cognizance of an offence, as mandated by Section 223 of BNS-2023, highlighting the limitation on the magistrate's authority in re....
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