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-III (Temporary), Kollam in the cases covered by these criminal revision cases is illegal.

2. Though notice was served on the second respondent 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 second respondent allegedly committed the offence under Section 279 IPC. In most of these cases the second respondent also allegedly committed the offence under Section 185 of the Motor Vehicles Act and in few cases the offence under Section 181 r/w Section 3(1) of the Motor Vehicles Act and some other offences under the Motor Vehicles Act.

5. In the Summary Trial Cases covered by Crl.R.Cs Nos.1293, 1456, 1463, 1580, 1609, 1610, 1631, 1662, 1667, 1762, 1776 the learned Magistrate discharged the second respondent under Section 258 Cr.P.C. observing that “Even after the issuance of coercive steps the presence of accused cannot be procured with.