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2019 Supreme(Online)(KER) 28030

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN V, J
SUO MOTU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Sri. AJITH MURALI-PUBLIC PROSECUTOR

ORDER

These are revision petitions registered suo motu against the orders of discharge passed by the learned Judicial Magistrate of the First Class-III (Temporary), Kollam invoking the powers under Section

258 of the Code of Criminal Procedure.

2. It was brought to the notice of this Court by the Chief Judicial Magistrate Court, Kollam that the courts below had disposed large number of cases invoking Section 258 of the Cr.P.C. The cases thus disposed include cases registered under Section 15(c) r/w. Section 63 of the Abkari Act, Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, and Section 279 of the IPC r/w. Section

185 of the Motor Vehicles Act.

3. On noticing that the manner of disposal of the criminal proceedings had resulted in failure of justice, suo motu revision petitions were ordered to be registered.

4. From the proceedings sheet, it is evident that the accused were discharged owing to the failure of the prosecution to procure the presence of the accused before the court. It does not appear from the proceeding sheet that summons were served on the accused or that the non-bailable warrant was returned unexecuted. The order sheet also does not show whether pro

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