Allowed
Suo Motu v. State of Kerala
Kerala HCCrl.RC/2036/2018
Case brief
AI extract
What is this about?
Suo motu criminal revisions against the orders of a Magistrate closing summary trial cases and discharging the accused under Section 258 Cr.P.C. merely because the accused could not be procured. The orders were held patently illegal: the Magistrate should have proceeded under Sections 82 and 83 Cr.P.C. Orders set aside and the cases remitted for disposal in accordance with law.
What did the court decide?
Orders of discharge passed by the Magistrate in the summary trial cases set aside; the Magistrate directed to take back the cases on her file and proceed with them in accordance with law.