Allowed
Suo Motu v. State of Kerala
Kerala HCCrl.RC/1919/2018
Case brief
AI extract
What is this about?
This single-bench judgment sets aside discharge orders passed by a Judicial Magistrate in multiple suo motu cases related to the Abkari Act. The High Court held that Section 258 Cr.P.C. cannot be used to close proceedings merely because the accused is absent, especially when procedural requirements regarding summons or warrants were not properly fulfilled, directing the magistrate to resume procee
What did the court decide?
The orders passed by the learned Magistrate discharging the accused were set aside. The magistrate is directed to take back the cases and proceed in accordance with law.