Allowed

Suo Motu v. State of Kerala

Kerala HC11 Jan 2019Crl.RC/1291/2018

Case brief

AI extract

What is this about?

Unreasoned discharge orders closing summary trials for traffic offences under Section 258 Cr.P.C. were held illegal. The High Court allowed the suo motu revisions, set aside the orders and directed restoration of the cases for proceedings according to law.

What did the court decide?

Discharge orders set aside; the Magistrate directed to restore the summary trial cases to her file and proceed in accordance with law.

Suo Motu Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶5

Crl.RC.No. 1287 of 2018

¶6

AGAINST THE ORDER IN ST 202/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY), KOLLAM

¶7

PETITIONER:

¶8

SUO MOTU PROCEEDINGS

¶9

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-17.

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 2487/2014.

¶12

2 BAIJU S/O. YOHANNAN, VAYALMUTTAM VEEDU, NEAR ST. GEORGE ORTHODOX CHURCH, KARAMKODU CHERI, MEENADU VILLAGE.

¶13

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶14

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1288/2018, Crl.RC.1291/2018, Crl.RC.1294/2018, Crl.RC.1334/2018, Crl.RC.1381/2018, Crl.RC.1382/2018, Crl.RC.1384/2018, Crl.RC.1455/2018, Crl.RC.1461/2018, Crl.RC.1478/2018, Crl.RC.1490/2018,

¶15

Crl.R.C. 1287 /18 & Conn. Cases -: 2 :-

¶16

Crl.RC.1493/2018, Crl.RC.1502/2018, Crl.RC.1535/2018, Crl.RC.1542/2018, Crl.RC.1585/2018, Crl.RC.1593/2018, Crl.RC.1613/2018, Crl.RC.1672/2018, Crl.RC.1689/2018, Crl.RC.1700/2018, Crl.RC.1705/2018, Crl.RC.1727/2018, Crl.RC.1761/2018, Crl.RC.1792/2018, Crl.RC.2188/2018, Crl.RC.2512/2018, Crl.RC.2514/2018, Crl.RC.2531/2018, Crl.RC.2539/2018, Crl.RC.2541/2018, Crl.RC.2546/2018, Crl.RC.2547/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Crl.RC.1532/2018, Crl.RC.1582/2018, Crl.RC.1611/2018, Crl.RC.1680/2018, Crl.RC.1702/2018, Crl.RC.1733/2018, Crl.RC.1815/2018, Crl.RC.2513/2018, Crl.RC.2532/2018, Crl.RC.2542/2018,

¶18

Crl.R.C. 1287 /18 & Conn. Cases

¶19

-: 3 :-

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶23

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶24

Crl.RC.No. 1288 of 2018

¶25

AGAINST THE ORDER IN ST 221/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS -III (TEMPORARY), KOLLAM

¶26

PETITIONER

¶27

SUO MOTU PROCEEDINGS

¶28

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-17.

¶29

RESPONDENTS

¶30

1 STATE OF KERALA

¶31

REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 2772/2014.

¶32

2 SAHEER S/O. YOUSAFKUNJU, PUNNATHALA VAYAL KHADEEJA MANZIL, PUNNATHALA NAGAR-76,PUNNATHALA CHERI, KOLLAM WEST VILLAGE.

¶33

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶34

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶35

Crl.R.C. 1287 /18 & Conn. Cases

¶36

-: 4 :-

¶37

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶38

PRESENT

¶39

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶40

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶41

Crl.RC.No. 1291 of 2018

¶42

AGAINST THE ORDERIN ST 301/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶43

PETITIONER

¶44

SUO MOTU PROCEEDINGS

¶45

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-17.

¶46

RESPONDENTS

¶47

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 2737/2014.

¶48

2 DILEEP S/O. KASIMKUNJU, TSUNAMI FLAT NO. 12, POOKKULAM CHERI, PARAVUR VILLAGE.

¶49

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶50

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶51

Crl.R.C. 1287 /18 & Conn. Cases

¶52

-: 5 :-

¶53

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶54

PRESENT

¶55

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶56

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶57

Crl.RC.No. 1294 of 2018

¶58

AGAINST THE ORDER IN ST 333/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶59

PETITIONER

¶60

SUO MOTU PROCEEDINGS

¶61

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-17.

¶62

RESPONDENTS

¶63

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 490/2013.

¶64

2 AJAYAKUMAR S/O. BALAKRISHNA PILLAI, THOTTATH VILA AJAYA SADANAM, CHERUVAKKAL MURI, ILLAMAD VILLAGE.

¶65

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶66

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶67

Crl.R.C. 1287 /18 & Conn. Cases

¶68

-: 6 :-

¶69

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶70

PRESENT

¶71

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶72

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶73

Crl.RC.No. 1334 of 2018

¶74

AGAINST THE ORDER IN ST 844/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶75

PETITIONER

¶76

SUO MOTU PROCEEDINGS

¶77

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-17.

¶78

RESPONDENTS

¶79

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC,CR.486/2015.

¶80

2 SHUHAIB S/O SHIHABUDHEEN, HAMEEDA MANZIL, ARAFA NAGAR-81,NEAR PALLIMUKKU KAVALPPURA, THEKKEVILA CHERI, ERAVIPURAM VILLAGE.

¶81

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶82

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶83

Crl.R.C. 1287 /18 & Conn. Cases

¶84

-: 7 :-

¶85

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶86

PRESENT

¶87

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶88

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶89

Crl.RC.No. 1381 of 2018

¶90

AGAINST THE ORDER IN ST 434/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶91

PETITIONER

¶92

SUO MOTU PROCEEDINGS

¶93

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-17.

¶94

RESPONDENTS

¶95

1 STATE OF KERALA

¶96

REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 2919/2014.

¶97

2 ARUNKUMAR S/O. DILEEPKUMAR, SANTHIMANDHIRAM, AMMAN NAGAR, PATTATHANAM CHERI, VADAKKEVILA VILLAGE.

¶98

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶99

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶100

Crl.R.C. 1287 /18 & Conn. Cases

¶101

-: 8 :-

¶102

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶103

PRESENT

¶104

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶105

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶106

Crl.RC.No. 1382 of 2018

¶107

AGAINST THE ORDER IN ST 690/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶108

PETITIONER

¶109

SUO MOTU PROCEEDINGS

¶110

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-17.

¶111

RESPONDENTS

¶112

1 THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 558/2015.

¶113

2 ANILKUMAR S/O. ANIRUDHAN, DINESH BHAVAN, SANKER NAGAR-90, NEAR PULLIKADA, VADAKKUMBHAGAM CHERI, KOLLAM EAST VILLAGE.

¶114

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶115

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶116

Crl.R.C. 1287 /18 & Conn. Cases

¶117

-: 9 :-

¶118

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶119

PRESENT

¶120

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶121

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶122

Crl.RC.No. 1384 of 2018

¶123

AGAINST THE ORDER IN ST 677/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶124

PETITIONER

¶125

SUO MOTU PROCEEDINGS

¶126

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-17.

¶127

RESPONDENTS

¶128

1 STATE OF KERALA

¶129

REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 2998/2014.

¶130

2 VINOD S/O. MOHANAN, CHITHIRA NIVAS, TNRA-312, KANNIMEL CHERI, KOLLAM WEST VILLAGE.

¶131

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶132

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶133

Crl.R.C. 1287 /18 & Conn. Cases

¶134

-: 10 :-

¶135

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶136

PRESENT

¶137

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶138

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶139

Crl.RC.No. 1455 of 2018

¶140

AGAINST THE ORDER IN ST 111/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶141

PETITIONER

¶142

SUO MOTU PROCEEDINGS

¶143

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶144

RESPONDENTS

¶145

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.2539/2014.

¶146

2 ROBERT S/O. BERNARD, LEEMA BHAVANAM, ATTUKAL, PUTHUVAL, SAGARA NAGAR-211, THEKKEKARA CHERI, MUNDAKKAL VILLAGE.

¶147

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶148

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶149

Crl.R.C. 1287 /18 & Conn. Cases

¶150

-: 11 :-

¶151

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶152

PRESENT

¶153

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶154

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶155

Crl.RC.No. 1461 of 2018

¶156

AGAINST THE ORDER IN ST 719/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶157

PETITIONER

¶158

SUO MOTU PROCEEDINGS

¶159

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.17.

¶160

RESPONDENTS

¶161

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 569/2015.

¶162

2 BALACHANDRAN S/O. KUNJU ACHARI, EDAPATTAZHI VADAKKATHIL VEEDU, KANNIMEL CHERI, SAKTHIKULANGARA VILLAGE.

¶163

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶164

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶165

Crl.R.C. 1287 /18 & Conn. Cases

¶166

-: 12 :-

¶167

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶168

PRESENT

¶169

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶170

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶171

Crl.RC.No. 1478 of 2018

¶172

AGAINST THE ORDER IN ST 705/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶173

PETITIONER

¶174

SUO MOTU PROCEEDINGS

¶175

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN MEETING HELD ON 18.09.2017.

¶176

RESPONDENTS

¶177

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 611/2015.

¶178

2 NAVAS S/O. FATHAHUDHEENKUNJU, KOLLASSERI VEETTIL, MANGAD CHERI, MANGAD VILLAGE.

¶179

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶180

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶181

Crl.R.C. 1287 /18 & Conn. Cases

¶182

-: 13 :-

¶183

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶184

PRESENT

¶185

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶186

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶187

Crl.RC.No. 1490 of 2018

¶188

AGAINST THE ORDER IN ST 862/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶189

PETITIONER

¶190

SUO MOTU PROCEEDINGS

¶191

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶192

RESPONDENTS

¶193

1 STATE OF KERALA

¶194

REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.19/2015.

¶195

2 VICTOR JOHN S/O.JOHN, KARINATTU THEKKATHIL VEETTIL, NEAR THREE KINGS CHURCH, KUTTIVATTOM CHERI, PANAYANARKAVU VILLAGE.

¶196

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶197

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶198

Crl.R.C. 1287 /18 & Conn. Cases

¶199

-: 14 :-

¶200

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶201

PRESENT

¶202

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶203

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶204

Crl.RC.No. 1493 of 2018

¶205

AGAINST THE ORDER IN ST 422/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶206

PETITIONER

¶207

SUO MOTU PROCEEDINGS

¶208

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶209

RESPONDENTS

¶210

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 2873/2014.

¶211

2 RADHAKRISHNA PILLAI S/O. THANKAPPAN PILLAI, GIRIJA BHAVAN, VADAKKUMKARA EAST CHERI, MAYYANAD VILLAGE.

¶212

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶213

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶214

Crl.R.C. 1287 /18 & Conn. Cases

¶215

-: 15 :-

¶216

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶217

PRESENT

¶218

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶219

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶220

Crl.RC.No. 1502 of 2018

¶221

AGAINST THE ORDER IN ST 869/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶222

PETITIONER

¶223

SUO MOTU PROCEEDINGS

¶224

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.17.

¶225

RESPONDENTS

¶226

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC,CR. 379/2015.

¶227

2 FASEEN S/O. NOUSHAD, CHARUVILA PUTHEN VEETTIL, NEAR MADANKAVU TEMPLE, MAMOODU CHERI, KOTTAMKARA VILLAGE.

¶228

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶229

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶230

Crl.R.C. 1287 /18 & Conn. Cases

¶231

-: 16 :-

¶232

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶233

PRESENT

¶234

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶235

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶236

Crl.RC.No. 1532 of 2018

¶237

AGAINST THE ORDER IN ST 777/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶238

PETITIONER

¶239

SUO MOTU PROCEEDINGS

¶240

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶241

RESPONDENTS

¶242

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 3055/2014.

¶243

2 AJIN KUMAR S/O. RAJENDRAPRASAD, RAJANI BHAVANAM, NEAR ACHUMUKKU TEMPLE, MALAYIL, VELIYAM VILLAGE.

¶244

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶245

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶246

Crl.R.C. 1287 /18 & Conn. Cases

¶247

-: 17 :-

¶248

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶249

PRESENT

¶250

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶251

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶252

Crl.RC.No. 1535 of 2018

¶253

AGAINST THE ORDER IN ST 697/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY), KOLLAM

¶254

PETITIONER

¶255

SUO MOTU PROCEEDINGS

¶256

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶257

RESPONDENTS

¶258

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC,CR.583/2015.

¶259

2 SANTHOSH KUMAR S/O RAVEENDRAN PILLAI, DWADASHI, THEVALLY NO.60, KOLLAM WEST VILLAGE.

¶260

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶261

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶262

Crl.R.C. 1287 /18 & Conn. Cases

¶263

-: 18 :-

¶264

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶265

PRESENT

¶266

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶267

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶268

Crl.RC.No. 1542 of 2018

¶269

AGAINST THE ORDER IN ST 823/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶270

PETITIONER

¶271

SUO MOTU PROCEEDINGS

¶272

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.17.

¶273

RESPONDENTS

¶274

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.2958/2014.

¶275

2 ARUN S/O UNNIKRISHAN, GOKULAM VEEDU, PUNNAMOODU CHERI, VARKALA VILLAGE.

¶276

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶277

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶278

Crl.R.C. 1287 /18 & Conn. Cases

¶279

-: 19 :-

¶280

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶281

PRESENT

¶282

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶283

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶284

Crl.RC.No. 1582 of 2018

¶285

AGAINST THE ORDER IN ST 819/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶286

PETITIONER

¶287

SUO MOTU PROCEEDINGS

¶288

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶289

RESPONDENTS

¶290

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC,CR.242/2015.

¶291

2 JONH BRITTO S/O JOSEPH, KAYAL VARATH AKKARATHOTTATHIL, SOUTH SIDE OF MAYYANAD HIGH SCHOOL, MAYYANAD CHERI, MAYYANAD VILLAGE.

¶292

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶293

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶294

Crl.R.C. 1287 /18 & Conn. Cases

¶295

-: 20 :-

¶296

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶297

PRESENT

¶298

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶299

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶300

Crl.RC.No. 1585 of 2018

¶301

AGAINST THE ORDER IN ST 358/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶302

PETITIONER

¶303

SUO MOTU PROCEEDINGS

¶304

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN MEETING HELD ON 18.09.2017.

¶305

RESPONDENTS

¶306

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 2888/2014.

¶307

2 JOHN TENSINGH S/O. JOSEPH, YAMUNA NIVAS, NEAR GARPHIL CLUB, THEKKUMBHAGAM CHERI, MUNDAKKAL VILLAGE.

¶308

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶309

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶310

Crl.R.C. 1287 /18 & Conn. Cases

¶311

-: 21 :-

¶312

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶313

PRESENT

¶314

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶315

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶316

Crl.RC.No. 1593 of 2018

¶317

AGAINST THE ORDER IN ST 1816/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS -III (TEMPORARY), KOLLAM

¶318

PETITIONER

¶319

SUO MOTU PROCEEDINGS

¶320

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE ON ITS MEETING HELD ON 18.09.17.

¶321

RESPONDENTS

¶322

1 STATE OF KERALA

¶323

REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.1832/2014.

¶324

2 PRAVEEN S/O KRISHNAN, PRAVEEN BHAVAN, MAMOOTIL KADAVU,KUREEPUZHA CHERI, KOLLAM WEST VILLAGE.

¶325

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶326

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶327

Crl.R.C. 1287 /18 & Conn. Cases

¶328

-: 22 :-

¶329

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶330

PRESENT

¶331

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶332

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶333

Crl.RC.No. 1611 of 2018

¶334

AGAINST THE ORDER IN ST 1477/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶335

PETITIONER

¶336

SUO MOTU PROCEEDINGS

¶337

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.17.

¶338

RESPONDENTS

¶339

1 STATE OF KERALA

¶340

REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM TRAFFIC CR. 871/2015.

¶341

2 JOYSON S/O. RAJU, NASRATH BHAVAN, GALILEA NAGAR - 1, PALLITHOTTAM CHERI, KOLLAM WEST VILLAGE.

¶342

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶343

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶344

Crl.R.C. 1287 /18 & Conn. Cases

¶345

-: 23 :-

¶346

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶347

PRESENT

¶348

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶349

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶350

Crl.RC.No. 1613 of 2018

¶351

AGAINST THE ORDER IN ST 811/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶352

PETITIONER

¶353

SUO MOTU PROCEEDINGS

¶354

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.17.

¶355

RESPONDENTS

¶356

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR. 9/2015.

¶357

2 VISHNU S/O. RAMESH, P.V. NIVAS, G.V. NAGAR - 57, PATTATHANAM, KOLLAM EAST VILLAGE.

¶358

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶359

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶360

Crl.R.C. 1287 /18 & Conn. Cases

¶361

-: 24 :-

¶362

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶363

PRESENT

¶364

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶365

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶366

Crl.RC.No. 1672 of 2018

¶367

AGAINST THE ORDER IN ST 1257/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶368

PETITIONER

¶369

SUO MOTU PROCEEDINGS

¶370

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-2017.

¶371

RESPONDENTS

¶372

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC CR. 1572/2014

¶373

2 SHAJU S/O. A.RAHIM, ANSIYA MANZIL, PEOPLE'S NAGAR-344, PATTATHANAM CHERI, VADAKKEVILA VILLAGE.

¶374

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶375

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶376

Crl.R.C. 1287 /18 & Conn. Cases

¶377

-: 25 :-

¶378

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶379

PRESENT

¶380

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶381

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶382

Crl.RC.No. 1680 of 2018

¶383

AGAINST THE ORDER IN ST 1864/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶384

PETITIONER

¶385

SUO MOTU PROCEEDINGS

¶386

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶387

RESPONDENTS

¶388

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR 1924/2014.

¶389

2 FRANCIES S/O.CLEMENT, PLAMOOTTIL, NEETHI NAGAR - 80,PATTATHANAM WARD, KOLLAM EAST VILLAGE.

¶390

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶391

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019 ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶392

Crl.R.C. 1287 /18 & Conn. Cases

¶393

-: 26 :-

¶394

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶395

PRESENT

¶396

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶397

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶398

Crl.RC.No. 1689 of 2018

¶399

AGAINST THE ORDER IN ST 1700/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶400

PETITIONER

¶401

SUO MOTU PROCEEDINGS

¶402

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶403

RESPONDENTS

¶404

1 STATE OF KERALA

¶405

REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.1476/2013.

¶406

2 MANU S/O.ANDREWS, PETEDATH PURAYIDAM, SNEHA NAGAR, MUDAKKARA CHERI, KOLLAM WEST VILLAGE.

¶407

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶408

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶409

Crl.R.C. 1287 /18 & Conn. Cases

¶410

-: 27 :-

¶411

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶412

PRESENT

¶413

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶414

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶415

Crl.RC.No. 1700 of 2018

¶416

AGAINST THE ORDER IN ST 1283/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶417

PETITIONER

¶418

SUO MOTU PROCEEDINGS

¶419

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶420

RESPONDENTS

¶421

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM TRAFFIC CR.1684/2014.

¶422

2 NISHID S/O.SHIHABUDHEEN, KOKKALAVAYAL VEEDU, SASTHA NAGAR - 28, KANNIMEL CHERI, KILIKKOLLOR VILALGE.

¶423

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶424

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶425

Crl.R.C. 1287 /18 & Conn. Cases

¶426

-: 28 :-

¶427

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶428

PRESENT

¶429

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶430

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶431

Crl.RC.No. 1702 of 2018

¶432

AGAINST THE ORDER IN ST 1677/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶433

PETITIONER

¶434

SUO MOTU PROCEEDINGS

¶435

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶436

RESPONDENTS

¶437

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.1207/2013.

¶438

2 ANIL S/O.RAGHAVAN ACHARY, VAYALIL PUTHENVEEDU, NEAR MAMOODU JN., MAMOODU CHERI, KOTTAMKARA VILLAGE.

¶439

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶440

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶441

Crl.R.C. 1287 /18 & Conn. Cases

¶442

-: 29 :-

¶443

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶444

PRESENT

¶445

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶446

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶447

Crl.RC.No. 1705 of 2018

¶448

AGAINST THE ORDER IN ST 1771/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶449

PETITIONER

¶450

SUO MOTU PROCEEDINGS

¶451

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶452

RESPONDENTS

¶453

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.1211/2013.

¶454

2 MANOJ S/O.MANI, KAZHUTHUMMOOTTIL VADAKKATHIL, KILIYALOOR CHERI, KILIYALOOR VILLAGE.

¶455

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶456

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶457

Crl.R.C. 1287 /18 & Conn. Cases

¶458

-: 30 :-

¶459

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶460

PRESENT

¶461

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶462

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶463

Crl.RC.No. 1727 of 2018

¶464

AGAINST THE ORDER IN ST 1431/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶465

PETITIONER

¶466

SUO MOTU PROCEEDINGS

¶467

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶468

RESPONDENTS

¶469

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM TRAFFIC CR.952/2014.

¶470

2 HARISON S/O.PAUL, PUTHANAZHIKAM PURAYIDAM, VELANKANNI NAGAR - 20,THEKKUMBHAGAM CHERI, ERAVIPURAM VILLAGE.

¶471

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶472

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶473

Crl.R.C. 1287 /18 & Conn. Cases

¶474

-: 31 :-

¶475

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶476

PRESENT

¶477

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶478

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶479

Crl.RC.No. 1733 of 2018

¶480

AGAINST THE ORDER IN ST 1357/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶481

PETITIONER

¶482

SUO MOTU PROCEEDINGS

¶483

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶484

RESPONDENTS

¶485

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM TRAFFIC, CR.119/2014.

¶486

2 SAIDALI S/O.JALEEL, MANKUZHY VADAKKATHIL VEEDU, ANUGRAHA NAGAR -01, KAYYALAKKAL CHERI, ERAVIPURAM VILLAGE.

¶487

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶488

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶489

Crl.R.C. 1287 /18 & Conn. Cases

¶490

-: 32 :-

¶491

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶492

PRESENT

¶493

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶494

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶495

Crl.RC.No. 1761 of 2018

¶496

AGAINST THE ORDER IN ST 1439/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶497

PETITIONER

¶498

SUO MOTU PROCEEDINGS

¶499

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-2017.

¶500

RESPONDENTS

¶501

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM TRAFFIC CR. 1237/2014.

¶502

2 SUNILKUMAR S/O. DAMODARAN PILLAI, SREENIVAS HOUSE, WEST OF HIGH SCHOOL JN., PERINADU WARD, PERINADU VILLAGE.

¶503

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶504

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶505

Crl.R.C. 1287 /18 & Conn. Cases

¶506

-: 33 :-

¶507

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶508

PRESENT

¶509

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶510

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶511

Crl.RC.No. 1792 of 2018

¶512

AGAINST THE ORDER IN ST 1800/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶513

PETITIONER

¶514

SUO MOTU PROCEEDINGS

¶515

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶516

RESPONDENTS

¶517

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC CR.1750/2014.

¶518

2 MUJEEB RAHMAN S/O. ABDUL LATHEEF, CHINNUS VILLA, ARAFA NAGAR-68, KAYYALACKAL CHERI, ERAVIPURAM VILLAGE.

¶519

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶520

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶521

Crl.R.C. 1287 /18 & Conn. Cases

¶522

-: 34 :-

¶523

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶524

PRESENT

¶525

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶526

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶527

Crl.RC.No. 1815 of 2018

¶528

AGAINST THE ORDER IN ST 1756/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶529

PETITIONER

¶530

SUO MOTU PROCEEDINGS

¶531

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶532

RESPONDENTS

¶533

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC CR.1076/2013.

¶534

2 JOY S/O.RICHARD, PLAMOOTIL KIZHAKKATHIL, NEETHI NAGAR- 73, PATTATHANAM CHERI, KOLLAM EAST VILLAGE.

¶535

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶536

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶537

Crl.R.C. 1287 /18 & Conn. Cases

¶538

-: 35 :-

¶539

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶540

PRESENT

¶541

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶542

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶543

Crl.RC.No. 2188 of 2018

¶544

AGAINST THE ORDER IN ST 4614/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶545

PETITIONER

¶546

SUO MOTU PROCEEDINGS

¶547

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017.

¶548

RESPONDENTS

¶549

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC CR.880/2014.

¶550

2 JOSEMON S/O HENRY MOOLAYILTHOPPIL VEEDU NEAR MARUTHADI TEMPLE, KANNIMEL CHERI SAKTHIKULANGARA VILLAGE

¶551

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶552

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶553

Crl.R.C. 1287 /18 & Conn. Cases

¶554

-: 36 :-

¶555

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶556

PRESENT

¶557

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶558

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶559

Crl.RC.No. 2512 of 2018

¶560

AGAINST THE ORDER IN ST 6706/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶561

PETITIONER

¶562

SUO MOTU PROCEEDINGS

¶563

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶564

RESPONDENTS

¶565

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC , CR 2772/2012

¶566

2 ANIL KUMAR S/O.CRUSE, CHAMBAVU PALLI PURAYIDOM, THEKKUMBHAGAM CHERI,KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM.

¶567

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶568

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶569

Crl.R.C. 1287 /18 & Conn. Cases

¶570

-: 37 :-

¶571

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶572

PRESENT

¶573

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶574

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶575

Crl.RC.No. 2513 of 2018

¶576

AGAINST THE ORDER IN ST 6789/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶577

PETITIONER

¶578

SUO MOTU PROCEEDINGS

¶579

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶580

RESPONDENTS

¶581

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR 1303/2013

¶582

2 SUJITH S/O.BABU, KULATHINTE KIZHAKKATHIL, VIVEKANANDA NAGAR - 81, KUREEPUZHA CHERI, KOLLAM WEST VILLAGE.

¶583

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶584

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶585

Crl.R.C. 1287 /18 & Conn. Cases

¶586

-: 38 :-

¶587

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶588

PRESENT

¶589

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶590

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶591

Crl.RC.No. 2514 of 2018

¶592

AGAINST THE ORDER IN ST 6426/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶593

PETITIONER

¶594

SUO MOTU PROCEEDINGS

¶595

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2018

¶596

RESPONDENTS

¶597

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.123/2015.

¶598

2 KIRAN DEV S/O.T.R.MAHADEVAN, UDAYAGIRI, NAMBARATHU, THRIKKADAVOOR VILLAGE.

¶599

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶600

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019,ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶601

Crl.R.C. 1287 /18 & Conn. Cases

¶602

-: 39 :-

¶603

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶604

PRESENT

¶605

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶606

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶607

Crl.RC.No. 2531 of 2018

¶608

AGAINST THE ORDER IN ST 6734/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶609

PETITIONER

¶610

SUO MOTU PROCEEDINGS

¶611

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-2017.

¶612

RESPONDENTS

¶613

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.1058/2013. 2 PRADEEP S/O BABU KAIKKARA PURAYIDOM NEAR MAMMOODU, UDAUAMARTHANDAPURAM CHERI MUNDAKKAL VILLAGE

¶614

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶615

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶616

Crl.R.C. 1287 /18 & Conn. Cases

¶617

-: 40 :-

¶618

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶619

PRESENT

¶620

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶621

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶622

Crl.RC.No. 2532 of 2018

¶623

AGAINST THE ORDER IN ST 6424/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶624

PETITIONER

¶625

SUO MOTU PROCEEDINGS

¶626

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶627

RESPONDENTS

¶628

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR 178/2015

¶629

2 RAJULAL S/O MURALEEDHARAN LALLU MANDIRAM PAVITHRAM NAGAR-160 KILIKOLOOR VILLAGE

¶630

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶631

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶632

Crl.R.C. 1287 /18 & Conn. Cases

¶633

-: 41 :-

¶634

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶635

PRESENT

¶636

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶637

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶638

Crl.RC.No. 2539 of 2018

¶639

AGAINST THE ORDER IN ST 5965/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶640

PETITIONER

¶641

SUO MOTU PROCEEDINGS

¶642

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶643

RESPONDENTS

¶644

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC , CR 1465/2014

¶645

2 BAIJU S/O SOMAN KOCHUVEETTIL KIZHAKKATHIL, SOUHRIDA NAGAR - 191, THEKKEVILA CHERI, MUNDAIKKAL VILLAGE.

¶646

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶647

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶648

Crl.R.C. 1287 /18 & Conn. Cases

¶649

-: 42 :-

¶650

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶651

PRESENT

¶652

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶653

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶654

Crl.RC.No. 2541 of 2018

¶655

AGAINST THE ORDER IN ST 7052/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶656

PETITIONER

¶657

SUO MOTU PROCEEDINGS

¶658

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18-09-2017.

¶659

RESPONDENTS

¶660

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM,CR.255/2015

¶661

2 AMAL MOHAN S/O MOHANAN PILLA CHITHIRATHAYIL, NEAR THARIYAN MUKKU,CHITTAYAM CHERI, PERINADU VILLAGE.

¶662

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶663

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶664

Crl.R.C. 1287 /18 & Conn. Cases

¶665

-: 43 :-

¶666

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶667

PRESENT

¶668

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶669

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶670

Crl.RC.No. 2542 of 2018

¶671

AGAINST THE ORDER IN ST 7873/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶672

PETITIONER

¶673

SUO MOTU PROCEEDINGS

¶674

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶675

RESPONDENTS

¶676

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1628/2014

¶677

2 VISHNU S/O.ANILKUMAR, TMA-113, PUNNATHALA CHERI, KOLLAM WEST VILLAGE.

¶678

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶679

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶680

Crl.R.C. 1287 /18 & Conn. Cases

¶681

-: 44 :-

¶682

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶683

PRESENT

¶684

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶685

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶686

Crl.RC.No. 2546 of 2018

¶687

AGAINST THE ORDER IN ST 6043/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶688

PETITIONER

¶689

SUO MOTU PROCEEDINGS

¶690

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶691

RESPONDENTS

¶692

1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM CITY TRAFFIC, CR.1275/2015.

¶693

2 SALIM S/O HAMSA, SHEMEEM MANZIL, KAIRALI NAGAR-305, KUREEPUZHA CHERI, SAKTHIKULANGARA VILLAGE.

¶694

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶695

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶696

Crl.R.C. 1287 /18 & Conn. Cases

¶697

-: 45 :-

¶698

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶699

PRESENT

¶700

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶701

FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

¶702

Crl.RC.No. 2547 of 2018

¶703

AGAINST THE ORDER IN ST 7880/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY),KOLLAM

¶704

PETITIONER

¶705

SUO MOTU PROCEEDINGS

¶706

AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶707

RESPONDENTS

¶708

1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR. 923/2013.

¶709

2 SURESH KUMAR

¶710

S/O SUDHAKARAN, P.G. BHAVAN,

¶711

NEAR KOCHALUMOODU, KUREEPUZHA CHERI, THRIKKADAVOOR VILLAGE.

¶712

SRI.ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR

¶713

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 11.01.2019, ALONG WITH Crl.RC.1287/2018 & CONN. CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶714

Crl.R.C. 1287 /18 & Conn. Cases

¶715

-: 46 :-

¶716

===============================

¶717

Crl.R.C. Nos.1287, 1288, 1291, 1294, 1334, 1381, 1382, 1384, 1455, 1461, 1478, 1490, 1493, 1502, 1532, 1535, 1542, 1582, 1585, 1593, 1611, 1613, 1672, 1680, 1689, 1700, 1702, 1705, 1727, 1733, 1761, 1792, 1815, 2188, 2512, 2513, 2514, 2531, 2532, 2539, 2541, 2542, 2546 & 2547 of 2018

¶718

===============================

¶719

ORDER

¶720

These criminal revision cases were registered suo motu by this court on its noticing that the order of discharge passed by the Judicial Magistrate of First Class-III (Temporary), Kollam in the cases covered by these criminal revision cases is illegal.

¶721

Though notice was served on the second respondent in each case, who were the accused in the court below, they have not appeared in person or through counsel.

¶722

All the cases were registered in the court below as Summary Trial Cases.

¶723

In the Summary Trial Cases covered by these Crl.R.Cs. the second respondent allegedly committed the offence under Section 279 IPC. In some other cases the second respondent also allegedly committed the offence under Section 283 and 338 IPC. In most of these

¶724

Crl.R.C. 1287 /18 & Conn. Cases -: 47 :-

¶725

cases the second respondent also allegedly committed the offence under Section 185 of the Motor Vehicles Act and in few cases the offence under Section 181 r/w Section 3(1) of the Motor Vehicles Act and some other offences under the Motor Vehicles Act.

¶726

In the Summary Trial Cases covered by these Crl.R.Cs the learned Magistrate discharged the second respondent under Section 258 Cr.P.C. by passing the following two word order: “Proceedings closed u/s 258 Cr.P.C.”. In these cases no reasons are stated in the order.

¶727

It is seen from the proceedings sheet in the above cases that the learned Magistrate ordered issuance of summons to the second respondent. Thereafter she ordered issuance of non-bailable arrest warrant. It was thereafter the order of discharge was passed. The learned Magistrate has not recorded that the summons was served on the second respondent or that non-bailable arrest warrant was returned unexecuted. It is not even clear whether the process was actually issued from the court.

¶728

Even if it is assumed that the accused were absconding, the learned Magistrate should have initiated proceedings against them under Sections 82 and 83 Cr.P.C. The power under Section 258 Cr.P.C. cannot be exercised to stop the proceedings on the mere ground that the accused is absconding.

¶729

Thus, in any view of the matter, the order passed by the learned

¶730

Crl.R.C. 1287 /18 & Conn. Cases

¶731

-: 48 :-

¶732

Magistrate in these criminal revision cases is patently illegal. It is liable to be set aside.

¶733

In the result, these criminal revision cases are allowed. The order passed by the learned Magistrate in the Summary Trial Cases is set aside. The learned Magistrate is directed to take back the cases on her file and proceed with them in accordance with law.

¶734

Sd/-

¶735

K.ABRAHAM MATHEW JUDGE

¶736

vps

¶737

/True Copy/

¶738

PS to Judge

Suo Motu v. State of Kerala

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Suo Motu v. State of Kerala

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