Allowed
Suo Motu v. State of Kerala
Kerala HCCrl.RC/1672/2018
Case brief
AI extract
What is this about?
Suo motu criminal revisions registered by the High Court on noticing that the Judicial Magistrate had discharged the accused in summary trial cases by a two-word order, "Proceedings closed u/s 258 Cr.P.C.", without reasons and without recording service of summons or return of the warrant. Holding that the power under Section 258 Cr.P.C. cannot be used merely because the accused is absconding, the
What did the court decide?
The orders of discharge passed by the learned Magistrate in the Summary Trial Cases are set aside; the Magistrate is directed to take back the cases on her file and proceed in accordance with law.