Allowed
Suo Motu v. State of Kerala
Kerala HCCrl.RC/10/2018
Case brief
AI extract
What is this about?
Suo motu revisions registered after the Chief Judicial Magistrate reported that Magistrates of the First Class were discharging large numbers of summary trial cases under Section 258 Cr.P.C. when the accused's presence could not be secured. The court held that power cannot be used against an absconding accused, found the orders laconic and beyond jurisdiction, set them aside and directed fresh pro
What did the court decide?
Orders of discharge passed by the learned Magistrate in the Summary Trial Cases set aside; the Magistrate directed to take back the cases on file and proceed in accordance with law.