Allowed
Suo Motu v. State of Kerala
Kerala HCCrl.RC/1128/2018
Case brief
AI extract
What is this about?
Suo motu revision against orders of discharge passed by Judicial Magistrates invoking Section 258 CrPC, on the ground that the prosecution failed to secure the accused's presence. The High Court held that Section 258 cannot be invoked for that reason; the unreasoned orders were set aside and the Magistrates directed to restore the cases and proceed in accordance with law.
What did the court decide?
Orders of discharge set aside; the learned Magistrate directed to take back the cases on file and proceed in accordance with law; Registry to transmit records to the courts below.