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2024 Supreme(Online)(KER) 51186

HIGH COURT OF KERALA
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

These revision cases were initiated suo motu. The proceedings in the cases concerned were stopped by the court below invoking the provisions of Section 258 of the Code of Criminal Procedure, 1973. Noticing that the court below exercised jurisdiction under Section 258 of the Code in an arbitrary manner and the accused were acquitted without taking sufficient steps to ascertain whether presence of the accused concerned could be procured, these revision cases were initiated.

2. In these cases, notices were ordered to be served on the party respondents who are the accused in the respective cases. Notice was issued on several occasions from this Court. But could not be served. As per the orders dated

27.03.2018 and 21.03.2018, this Court directed the District Police Chief, Kollam to constitute a special squad to ensure that the notices are served on the respective accused. Despite taking earnest efforts by the police, notices could not be served on the accused concerned.

3. Every time, the notice has been returned with the endorsement 'addressee not found'.

4. I am convinced that notice is not able to be served on the party respondent-accused for want of correct/ sufficient addres

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