Back
2023 Supreme(Online)(KER) 18066
MANOJ KUMAR M.S – Appellant
Versus
STATE OF KERALA – Respondent
A petition can be filed under Section 258 Cr. P. C. to stop the proceedings in certain cases.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 258 - QUASHING OF PROCEEDINGS - OFFENCES UNDER SECTION 341, 353, 506 READ WITH 34 IPC - NO FORCE OR ASSAULT USED - SECTION 506 IPC NON-COGNIZABLE - 341 IPC ALONE WILL NOT STAND - PETITIONER TO FILE A PETITION UNDER SECTION 258 CR. P. C. TO STOP THE PROCEEDINGS - COURT TO CONSIDER THE SAME AND PASS APPROPRIATE ORDERS - CONTENTIONS RAISED BY THE PETITIONERS LEFT OPEN - PETITIONERS FREE TO AGITATE THE SAME BEFORE THE TRIAL COURT IN THE PETITIONS FILED UNDER SECTION 258 CR. P.C.
Fact of the Case:
The petitioners filed a Criminal Miscellaneous Case to quash the proceedings in C.C. No.1261/2021 on the file of Judicial Magistrate of First Class I, Thrissur. The case was charge sheeted alleging offences punishable under Section 341, 353, 506 read with 34 IPC. The petitioners contended that even if the entire allegations are accepted in toto no offence under Section 353 IPC is made out. According to the petitioner no ‘force’ is used and there is no ‘assault’. The counsel also submitted that Section 506 IPC is non-cognizable. It was further submitted that 341 IPC alone will not stand in the facts and circumstances of the case.
Finding of the Court:
The court held that the petitioners should raise the contentions by filing a petition before the trial court under Section 258 Cr. P. C. to stop the proceedings and if such a petition is filed there can be a direction to consider the same within a time frame.
Issues: Whether the petitioners can file a petition under Section 258 Cr. P. C. to stop the proceedings?
Ratio Decidendi: The court relied on the provisions of Section 258 Cr. P. C. which empowers the court to stop the proceedings in certain cases.
Final Decision: The court disposed of the Criminal Miscellaneous Case with the following directions:(i) The petitioners are free to file a petition to stop the proceedings as per Section 258 Cr. P.C. within three weeks from the receipt of copy of this order.(ii) If such a petition is received, the jurisdictional court will consider the same and pass appropriate orders in it after giving an opportunity to the petitioner and the prosecutor concerned.(iii) All the contentions raised by the petitioners in this Crl M.C. are left open and the petitioners are free to agitate the same before the trial court in the petitions filed under Section 258 Cr. P.C.(iv) If a petition under Section 258 Cr. P.C. is filed as directed above, the learned Magistrate shall not insist the presence of the petitioners till final orders are passed in the Section 258 Cr. P.C.
O R D E R
This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.1261/2021 on the file of Judicial Magistrate of First Class I, Thrissur. The above case is charge sheeted alleging offences punishable under Section 341, 353, 506 read with 34 IPC. The main contention of the petitioners is that even if the entire allegations are accepted in toto no offence under Section 353 IPC is made out. According to the petitioner no ‘force’ is used and there is no ‘assault’. The counsel also submitted that Section 506 IPC is non-cognizable. It is further submitted that 341 IPC alone will not stand in the facts and circumstances of the case.
2. Since this is a calender case registered in the year
2021, I am of the considered opinion that the petitioner has to raise the contentions by filing a petition before the trial court under Section 258 Cr. P. C. to stop the proceedings and if such a petition is filed there can be a direction to consider the same within a time frame.
3. Therefore this Crl. M. C. is disposed of the following directions:
(i) The petitioners are free to file a petition to stop the proceedings as per Section 258 Cr. P.C. within three weeks from the receipt of copy of this order.
(ii) If such a petition is received, the jurisdictional court will consider the same and pass appropriate orders in it after giving an opportunity to the petitioner and the prosecutor concerned.
(iii) All the contentions raised by the petitioners in this Crl M.C. are left open and the petitioners are free to agitate the same before the trial court in the petitions filed under Section 258 Cr. P.C.
(iv) If a petition under Section 258 Cr. P.C. is filed as directed above, the learned Magistrate shall not insist the presence of the petitioners till final orders are passed in the Section 258 Cr. P.C.
