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2018 Supreme(Online)(KER) 2635

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


ORDER

These criminal revision cases were registered suo motu by this court on its noticing that the order of discharge passed by the Judicial Magistrate of First Class-II, Kollam in the cases covered by these criminal revision cases is illegal.

2. Though notice was served on the party respondent/s in each case, who were the accused in the court below, they have not appeared in person or through counsel.

3. All the cases were registered in the court below as Summary Trial Cases.

4. In the Summary Trial Cases covered by these Crl.R.Cs the party respondent/s allegedly committed the offence under Section 15(C) of the Abkari Act and in few other cases some other offence under the Abkari Act and in a case the offence under the Gaming Act.

5. In the Summary Trial Cases covered by Crl.R.C.

Nos.895, 1444, 1546 and 1550 of 2018 the learned Magistrate discharged the party respondent/s under Section 258 Cr.P.C. observing that “Accused deemed absconding. Proceedings stopped. Accused discharged.” In the Summary Trial Case covered by Crl.R.C. No.1120 of 2018 the learned Magistrate discharged the party respondent/s under Section 258 Cr.P.C. observing that 'Already two warrants were issued. Finding the

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