Disposed

Suo Motu v. State of Kerala

Kerala HC3 Jan 2024Crl.RC/32/2018

Case brief

AI extract

What is this about?

Suo motu High Court revisions against summons cases stopped by the Magistrate under Section 258 CrPC. Notices to the accused could not be served despite special police efforts owing to incorrect or insufficient addresses. Since Section 398's proviso requires hearing the accused before inquiry into a discharged case, and offences involved carried only small fines, the court closed all these revisio

What the court decided

AI extract

Suo Motu Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶4

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶5

CRL.RC NO. 32 OF 2018

¶6

AGAINST THE ORDER IN ST 4254/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶7

PETITIONER:

¶8

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

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM (CR. 826/2013).

¶11

2 FEBIN,

¶12

S/O. JOY, NEAR MARUTHADY TEMPLE,SANTHI NAGAR 63, KANNIMEL CHERYSAKTHIKULANGARA.

¶13

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶14

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶15

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.33/2018, 36/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED THE FOLLOWING:

¶16

¶17

Crl.R.C.No.32 of 2018 & connected cases

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶21

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶22

CRL.RC NO. 33 OF 2018

¶23

AGAINST THE ORDER IN ST 4146/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶24

PETITIONER:

¶25

SUO MOTU

¶26

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

¶27

RESPONDENTS:

¶28

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, SAKTHIKUKULANGARA (CR.NO. 502/13).

¶29

2 SUNIL

¶30

S/O. DHARMMARAJAN, VENGAVILA VEEDU,MANTHARA, NEAR EDAVA HS,THIRUVANANTHAPURAM. R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶31

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶32

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED

¶33

THE FOLLOWING:

¶34

¶35

Crl.R.C.No.32 of 2018 & connected cases

¶36

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶37

PRESENT

¶38

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶39

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶40

CRL.RC NO. 36 OF 2018

¶41

AGAINST THE ORDER IN ST 4259/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶42

PETITIONER:

¶43

SUO MOTU

¶44

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

¶45

RESPONDENTS:

¶46

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,ERAVIPURAM (CR. 843/2013).

¶47

2 ROY S/O. KLEETTAS, VIMALAMANDHIRAM,VAYALIL VEEDU, PHILIP MUKKU,VALATHUNGAL CHERI,ERAVIPURAM VILLAGE.

¶48

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶49

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶50

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED THE FOLLOWING:

¶51

¶52

Crl.R.C.No.32 of 2018 & connected cases

¶53

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶54

PRESENT

¶55

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶56

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶57

CRL.RC NO. 37 OF 2018

¶58

AGAINST THE ORDER IN ST 3901/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶59

PETITIONER:

¶60

SUO MOTU

¶61

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

¶62

RESPONDENTS:

¶63

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, SAKTHIKULANGARA (CR.NO.521/13).

¶64

2 RAMESH

¶65

S/O.SUKUMARAN, MAVILA PUTHAN VEEDU,NEAR PANACHA MOODU VILLAGE OFFICE,PANACHAMOODU MURI,PANACHAMOODU VILLAGE, THIRUVANANTHAPURAM R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶66

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶67

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED

¶68

THE FOLLOWING:

¶69

¶70

Crl.R.C.No.32 of 2018 & connected cases

¶71

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶72

PRESENT

¶73

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶74

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶75

CRL.RC NO. 38 OF 2018

¶76

AGAINST THE ORDER IN ST 3952/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶77

PETITIONER:

¶78

SUO MOTU

¶79

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

¶80

RESPONDENTS:

¶81

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR.NO.960/13).

¶82

2 MANOJ

¶83

S/O. CHELLAPPANACHARI,PUTHEN VILA KIZHAKKATHIL,BHAGAVAN MUKKU, ELAVUR CHIERI,PALLIMON VILLAGE. R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶84

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶85

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED

¶86

THE FOLLOWING:

¶87

¶88

Crl.R.C.No.32 of 2018 & connected cases

¶89

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶90

PRESENT

¶91

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶92

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶93

CRL.RC NO. 40 OF 2018

¶94

AGAINST THE ORDER IN ST 3980/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶95

PETITIONER:

¶96

SUO MOTU

¶97

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

¶98

RESPONDENTS:

¶99

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR.NO.1004/2013).

¶100

2 MOHAN THAKACHAN S/O. THANKACHAN, MULLAVILA VEEDU,KATTADI MUKKU VADAKKE MYLAKKAD,THAZHUTHALA VILLAGE. R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶101

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶102

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED

¶103

THE FOLLOWING:

¶104

¶105

Crl.R.C.No.32 of 2018 & connected cases

¶106

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶107

PRESENT

¶108

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶109

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶110

CRL.RC NO. 41 OF 2018

¶111

AGAINST THE ORDER IN ST 3827/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶112

PETITIONER:

¶113

SUO MOTU

¶114

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

¶115

RESPONDENTS:

¶116

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOLLAM EAST (CR.866/2013).

¶117

2 ABDUL SALAM S/O. ABDUL MUTHALIF,THENGUVILA PUTHEN VEEDU,ITI JUNCTION,CHANDANATHOPPU, KOTTAMKARA VILLAGE. R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶118

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED

¶119

THE FOLLOWING:

¶120

¶121

Crl.R.C.No.32 of 2018 & connected cases

¶122

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶123

PRESENT

¶124

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶125

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶126

CRL.RC NO. 49 OF 2018

¶127

AGAINST THE ORDER IN ST 4467/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶128

PETITIONER:

¶129

SUO MOTU

¶130

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

¶131

RESPONDENTS:

¶132

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,SAKTHIKULANGARA CR. 652/2013

¶133

2 ANANDHUKUMAR S/O. RAVEENDRAN PILLAI,ANANDHU BHAVAN,SILPANAGAR 46, KILIKOLLOOR. R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶134

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED

¶135

THE FOLLOWING:

¶136

¶137

Crl.R.C.No.32 of 2018 & connected cases

¶138

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶139

PRESENT

¶140

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶141

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶142

CRL.RC NO. 51 OF 2018

¶143

AGAINST THE ORDER IN ST 4322/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶144

PETITIONER:

¶145

SUO MOTU

¶146

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

¶147

RESPONDENTS:

¶148

1 STATE OF KERLAA REPRESENTED BY THE SUB INSPECTOR OF POLICE,ERAVIPURAM (CR. NO. 869/13).

¶149

2 LALU S/O. SIVASANKARAN, VAYALIL PANAYIL VEEDU,DHAVALAKUZHY,MAYYANADU. R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶150

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED

¶151

THE FOLLOWING:

¶152

¶153

Crl.R.C.No.32 of 2018 & connected cases

¶154

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶155

PRESENT

¶156

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶157

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶158

CRL.RC NO. 56 OF 2018

¶159

AGAINST THE ORDER IN ST 4515/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶160

PETITIONER:

¶161

SUO MOTU

¶162

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

¶163

RESPONDENTS:

¶164

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,SAKTHIKULANGARA (CR.NO.593/13).

¶165

2 PRATHAPAN

¶166

S/O. REGHU NATHAN PILLAI,KANNAMKOTTU VEEDU,KANNIMEL CHERI, SAKTHIKULANGARA. R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶167

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED

¶168

THE FOLLOWING:

¶169

¶170

Crl.R.C.No.32 of 2018 & connected cases

¶171

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶172

PRESENT

¶173

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶174

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶175

CRL.RC NO. 67 OF 2018

¶176

AGAINST THE ORDER IN ST 4136/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶177

PETITIONER:

¶178

SUO MOTU

¶179

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

¶180

RESPONDENTS:

¶181

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR.NO. 948/2013).

¶182

2 SAJEEV

¶183

S/O. VIJAYAN, SAJEE MANDHIRAM, PERAYAM CHERRY,THAZHATHALA VILLAGE.

¶184

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶185

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED THE FOLLOWING:

¶186

¶187

Crl.R.C.No.32 of 2018 & connected cases

¶188

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶189

PRESENT

¶190

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶191

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶192

CRL.RC NO. 84 OF 2018

¶193

AGAINST THE ORDER IN ST 4669/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶194

PETITIONER:

¶195

SUO MOTU

¶196

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

¶197

RESPONDENTS:

¶198

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR. NO. 1069/13).

¶199

2 ABDUL SALAM

¶200

S/O. SHAIHABUDIN, NAZARULLAH MANZIL,VADAKKUMKARA EAST CHERY,THAZHUTHALA VILLAGE.

¶201

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶202

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶203

¶204

Crl.R.C.No.32 of 2018 & connected cases

¶205

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶206

PRESENT

¶207

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶208

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶209

CRL.RC NO. 85 OF 2018

¶210

AGAINST THE ORDER IN ST 4680/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶211

PETITIONER:

¶212

SUO MOTU

¶213

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

¶214

RESPONDENTS:

¶215

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR. 1122/2013).

¶216

2 ROBERT

¶217

S/O. JOHN, TSUNAMI COLONY,HOUSE NO. 30,ERAVIPURAM CHERY,VADAKKEVILA VILLAGE.

¶218

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶219

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶220

¶221

Crl.R.C.No.32 of 2018 & connected cases

¶222

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶223

PRESENT

¶224

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶225

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶226

CRL.RC NO. 87 OF 2018

¶227

AGAINST THE ORDER IN ST 4600/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶228

PETITIONER:

¶229

SUO MOTU

¶230

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

¶231

RESPONDENTS:

¶232

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,ERAVIPURAM (CR. 769/2013)

¶233

2 NISHAD S/O. ISMAIL KUNJU, OJAYAPPANA VADAKKETHIL,JANKEEYA NAGAR 24,PATTATHANAM, VADAKKEVILA.

¶234

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶235

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶236

¶237

Crl.R.C.No.32 of 2018 & connected cases

¶238

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶239

PRESENT

¶240

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶241

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶242

CRL.RC NO. 88 OF 2018

¶243

AGAINST THE ORDER IN ST 4638/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶244

PETITIONER:

¶245

SUO MOTU

¶246

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

¶247

RESPONDENTS:

¶248

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR. 996/13).

¶249

2 SHYJU

¶250

S/O. JAMALUDEEN KAYALVARATH PUTHAN VEEDU,NELLIKUNNATHU MUKKU,VENGAMURIYIL, MYNAGAPALLY VILLAGE.

¶251

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶252

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶253

¶254

Crl.R.C.No.32 of 2018 & connected cases

¶255

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶256

PRESENT

¶257

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶258

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶259

CRL.RC NO. 89 OF 2018

¶260

AGAINST THE ORDER IN ST 4623/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶261

PETITIONER:

¶262

SUO MOTU

¶263

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

¶264

RESPONDENTS:

¶265

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,ERAVIPURAM (CR. 830/13).

¶266

2 BALU S/O. BALAN, PUTHUVAL HOUSE, PALLIPPURAM,KANIYAPURAM TALUK, THIRUVANANTHAPURAM.

¶267

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶268

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶269

¶270

Crl.R.C.No.32 of 2018 & connected cases

¶271

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶272

PRESENT

¶273

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶274

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶275

CRL.RC NO. 90 OF 2018

¶276

AGAINST THE ORDER IN ST 4615/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶277

PETITIONER:

¶278

SUO MOTU

¶279

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

¶280

RESPONDENTS:

¶281

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,ERAVIPURAM (CR. NO. 760/13).

¶282

2 ANIL

¶283

S/O. ASHARAF, KUPPARASSERY VEEDU, AZAD NAGAR 56,THEKKEVILA, MUNDAKKAL.

¶284

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶285

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶286

¶287

Crl.R.C.No.32 of 2018 & connected cases

¶288

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶289

PRESENT

¶290

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶291

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶292

CRL.RC NO. 92 OF 2018

¶293

AGAINST THE ORDER IN ST 4904/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶294

PETITIONER:

¶295

SUO MOTU

¶296

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

¶297

RESPONDENTS:

¶298

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM,(CR.895/2013).

¶299

2 ANEESH

¶300

S/O. ABDUL RASHEED, ANZEENA MANZIL,KERALAPURAM, KOTTANKARA CHERRY, KOTTANKARA VILLAGE.

¶301

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶302

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶303

¶304

Crl.R.C.No.32 of 2018 & connected cases

¶305

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶306

PRESENT

¶307

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶308

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶309

CRL.RC NO. 93 OF 2018

¶310

AGAINST THE ORDER IN ST 4895/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶311

PETITIONER:

¶312

SUO MOTU

¶313

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

¶314

RESPONDENTS:

¶315

1 STATE OF KERALA

¶316

REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM,(CR.929/2013).

¶317

2 AYOOBKHAN, S/O BADARUDHEEN, CHARUVILA PUTHEN VEEDU, KANNANALLOOR CHERRY, THRIKKOVILVATTOM VILLAGE.

¶318

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶319

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶320

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶321

¶322

Crl.R.C.No.32 of 2018 & connected cases

¶323

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶324

PRESENT

¶325

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶326

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶327

CRL.RC NO. 96 OF 2018

¶328

AGAINST THE ORDER IN ST 4978/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶329

PETITIONER:

¶330

SUO MOTU

¶331

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

¶332

RESPONDENTS:

¶333

1 STATE OF KERALA

¶334

REPRESENTED BY THE SUB INSPECTOR OF POLICESAKTHIKULANGARA, (CR. 796/2013).

¶335

2 SYAM SAMBHU

¶336

S/O. SIVAN, KANDACHEZHATHU VEEDU,MANAYILKUKLANGARA,KOLLAM EAST.

¶337

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶338

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶339

¶340

Crl.R.C.No.32 of 2018 & connected cases

¶341

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶342

PRESENT

¶343

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶344

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶345

CRL.RC NO. 100 OF 2018

¶346

AGAINST THE ORDER IN ST 4920/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶347

PETITIONER:

¶348

SUO MOTU

¶349

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

¶350

RESPONDENTS:

¶351

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM, (CR.1027/2013).

¶352

2 BIJU

¶353

S/O. REGHUNATHAN, KUNNUVILA VEEDU,PUNTHALATHAZHAM, VADAKKEVILA VILLAGE.

¶354

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶355

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶356

¶357

Crl.R.C.No.32 of 2018 & connected cases

¶358

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶359

PRESENT

¶360

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶361

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶362

CRL.RC NO. 101 OF 2018

¶363

AGAINST THE ORDER IN ST 4918/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶364

PETITIONER:

¶365

SUO MOTU

¶366

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

¶367

RESPONDENTS:

¶368

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTIYAM (CR.1348/2013).

¶369

2 SUDHEER

¶370

S/O. NASSARUDHEEN, SUDHEER MANZIL,MUTTAKKAVU CHERRY,NEDUMPURAM VILLAGE.

¶371

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶372

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶373

¶374

Crl.R.C.No.32 of 2018 & connected cases

¶375

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶376

PRESENT

¶377

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶378

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶379

CRL.RC NO. 102 OF 2018

¶380

AGAINST THE ORDER IN ST 4916/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶381

PETITIONER:

¶382

SUO MOTU

¶383

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

¶384

RESPONDENTS:

¶385

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM,(CR.1225/2013).

¶386

2 BABU

¶387

S/O. PAPPAN, NITHA BHAVAN, ADICHANALLOOR CHERRY,ADICHANALLOOR VILLAGE.

¶388

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶389

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶390

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶391

¶392

Crl.R.C.No.32 of 2018 & connected cases

¶393

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶394

PRESENT

¶395

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶396

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶397

CRL.RC NO. 113 OF 2018

¶398

AGAINST THE ORDER IN ST 4879/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶399

PETITIONER:

¶400

SUO MOTU

¶401

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

¶402

RESPONDENTS:

¶403

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR.NO. 1235/13).

¶404

2 SHIJAR S/O. HANEEFA, VAYALIL VEETTIL, PALLIMUKKU CHERY,VADAKKEVILA VILLAGE.

¶405

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶406

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023 ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶407

¶408

Crl.R.C.No.32 of 2018 & connected cases

¶409

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶410

PRESENT

¶411

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶412

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶413

CRL.RC NO. 114 OF 2018

¶414

AGAINST THE ORDER IN ST 4927/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶415

PETITIONER:

¶416

SUO MOTU

¶417

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

¶418

RESPONDENTS:

¶419

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR. 1098/2013)

¶420

2 SUDHEER S/O. BASHEER, SUDHEER MANZIL,VALYAMKUNNU, PAYYAKKODU MURI,VELINALLOOR VILLAGE.

¶421

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶422

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶423

¶424

Crl.R.C.No.32 of 2018 & connected cases

¶425

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶426

PRESENT

¶427

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶428

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶429

CRL.RC NO. 115 OF 2018

¶430

AGAINST THE ORDER IN ST 4943/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶431

PETITIONER:

¶432

SUO MOTU

¶433

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

¶434

RESPONDENTS:

¶435

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR. 1030/2013).

¶436

2 ABDUL MAJEED S/O. HASSANARU KUNJU,VAZHAVILA VEEDU,NEAR KANNANALLOOR SCHOOL, KANNANALLOOR CHERI,THRIKKOVILVATTOM VILLAGE.

¶437

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶438

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶439

¶440

Crl.R.C.No.32 of 2018 & connected cases

¶441

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶442

PRESENT

¶443

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶444

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA,

¶445

1945

¶446

CRL.RC NO. 116 OF 2018

¶447

AGAINST THE ORDER IN ST 4940/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶448

PETITIONER:

¶449

SUO MOTU

¶450

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

¶451

RESPONDENTS:

¶452

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM (CR. 1036/2013).

¶453

2 BINU S/O. SIVADASAN, BIJI BHAVAN,MUTTAKKAVU CHERI,NEDUMPANA VILLAGE.

¶454

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶455

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶456

¶457

Crl.R.C.No.32 of 2018 & connected cases

¶458

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶459

PRESENT

¶460

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶461

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶462

CRL.RC NO. 117 OF 2018

¶463

AGAINST THE ORDER IN ST 4929/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶464

PETITIONER:

¶465

SUO MOTU

¶466

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

¶467

RESPONDENTS:

¶468

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTIYAM, (CR.1096/2013).

¶469

2 SUGUNAN

¶470

S/O. KARUNKARAN, SARAYOOR NAGAR,88 ASRAMAMCHERRY, KOLLAM EAST VILLAGE.

¶471

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶472

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶473

¶474

Crl.R.C.No.32 of 2018 & connected cases

¶475

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶476

PRESENT

¶477

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶478

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶479

CRL.RC NO. 119 OF 2018

¶480

AGAINST THE ORDER IN ST 4763/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶481

PETITIONER:

¶482

SUO MOTU

¶483

PROCEEDINGS 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,KOTTIYAM (CR.NO. 1139/13).

¶486

2 JINO S/O. THOMAS, PONNUS COTTAGE,ESI JUNCTION, PAMPURAM CHERY, PARIPALLY VILLAGE.

¶487

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶488

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶489

¶490

Crl.R.C.No.32 of 2018 & connected cases

¶491

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶492

PRESENT

¶493

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶494

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶495

CRL.RC NO. 125 OF 2018

¶496

AGAINST THE ORDER IN ST 4856/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶497

PETITIONER:

¶498

SUO MOTU

¶499

PROCEEDINGS 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,SAKTHIKULANGARA (CR. 32/13).

¶502

2 SUDHEESH

¶503

S/O. VIJAYAKUMAR, SARIKA VEETTIL,VETTAMUKKU MUURIYIL,SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM.

¶504

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶505

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶506

¶507

Crl.R.C.No.32 of 2018 & connected cases

¶508

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶509

PRESENT

¶510

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶511

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶512

CRL.RC NO. 128 OF 2018

¶513

AGAINST THE ORDER IN ST 5318/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶514

PETITIONER:

¶515

SUO MOTU

¶516

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

¶517

RESPONDENTS:

¶518

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM (CR. NO. 997/13).

¶519

2 KUTTAPPAN

¶520

S/O. KOCHUKUNJU, THODIYIL VEEDU, SOUTH SIDE OF WATER TANK, MANGALATHU NAGAR, PUNTHALATHAZHAM CHERI, VADAKEVILA.

¶521

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶522

THIS CRIMINAL REVISION CASE HAVING COME UP FOR

¶523

FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶524

¶525

Crl.R.C.No.32 of 2018 & connected cases

¶526

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶527

PRESENT

¶528

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶529

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶530

CRL.RC NO. 130 OF 2018

¶531

AGAINST THE ORDER IN ST 5323/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶532

PETITIONER:

¶533

SUO MOTU

¶534

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

¶535

RESPONDENTS:

¶536

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAMCR. 1075/2013.

¶537

2 SURESH

¶538

S/O. RAJAN, THODIYIL VEEDU, THUNDUVILA, AKKOLIL CHERI, VALATHUNGAL, ERAVIPURAM VILLAGE.

¶539

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶540

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶541

¶542

Crl.R.C.No.32 of 2018 & connected cases

¶543

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶544

PRESENT

¶545

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶546

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶547

CRL.RC NO. 132 OF 2018

¶548

AGAINST THE ORDER IN ST 5134/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶549

PETITIONER:

¶550

SUO MOTU

¶551

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

¶552

RESPONDENTS:

¶553

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM CR. 1024/2013.

¶554

2 ANEESH

¶555

S/O. VAHAB, (R/O.) SHEEJA NIVAS, HYDERALI NAGAR, VALATHUNGAL CHERY, ERAVIPURAM.

¶556

3 ANVAR

¶557

S/O. KABEER, KANJARAKKADU VAYALIL VEEDU, VRA NAGAR, VALATHUNGAL CHERY, ERAVIPURAM.

¶558

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶559

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶560

¶561

Crl.R.C.No.32 of 2018 & connected cases

¶562

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶563

PRESENT

¶564

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶565

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶566

CRL.RC NO. 135 OF 2018

¶567

AGAINST THE ORDER IN ST 5151/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶568

PETITIONER:

¶569

SUO MOTU

¶570

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

¶571

RESPONDENTS:

¶572

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM, CR. 952/2013.

¶573

2 JOHN S/O. MATHEW, JONAKAPPURAM MUSLIM COLONY, PLLITHITTAM CHERI KOLLAM WEST VILLAGE.

¶574

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶575

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024DELIVERED THE FOLLOWING:

¶576

¶577

Crl.R.C.No.32 of 2018 & connected cases

¶578

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶579

PRESENT

¶580

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶581

WEDNESDAY, THE 3^RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945

¶582

CRL.RC NO. 141 OF 2018

¶583

AGAINST THE ORDER IN ST 5192/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

¶584

PETITIONER:

¶585

SUO MOTU

¶586

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

¶587

RESPONDENTS:

¶588

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM CR. 950/2013.

¶589

2 BIJU ANDROWS, KLINTON VILLAGE, SAGARA NAGAR - 96, THEKKEVILA CHERI, MUNDAKKAL VILLAGE.

¶590

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR

¶591

THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 19.12.2023, ALONG WITH Crl.RC.32/2018 AND CONNECTED CASES, THE COURT ON 03.01.2024 DELIVERED THE FOLLOWING:

¶592

¶593

Crl.R.C.No.32 of 2018 & connected cases

¶594

P.G. AJITHKUMAR, J.

¶595

----------------------------------------------------------Crl.R.C.Nos.32, 33, 36, 37, 38, 40, 41, 49, 51, 56, 67, 84, 85, 87, 88, 89, 90, 92, 93, 96, 100, 101, 102, 113, 114, 115, 116, 117, 119, 125, 128, 130, 132, 135 and 141 of 2018

¶596

----------------------------------------------------------Dated this the 3^rd day of January, 2024

¶597

O R D E R

¶598

These revision cases were initiated suo motu . The proceedings in the cases concerned were stopped by the court below invoking the provisions of Section 258 of the Code of Criminal Procedure, 1973. Noticing that the court below exercised jurisdiction under Section 258 of the Code in an arbitrary manner and the accused were acquitted without taking sufficient steps to ascertain whether presence of the accused concerned could be procured, these revision cases were initiated.

¶599

In these cases, notices were ordered to be served on the party respondents who are the accused in the respective cases. Notice was issued on several occasions from this Court. But could not be served. As per the orders dated

¶600

¶601

Crl.R.C.No.32 of 2018 & connected cases

¶602

27.03.2018 and 21.03.2018, this Court directed the District

¶603

Police Chief, Kollam to constitute a special squad to ensure that the notices are served on the respective accused. Despite

¶604

taking earnest efforts by the police, notices could not be served on the accused concerned.

¶605

Every time, the notice has been returned with the endorsement 'addressee not found'.

¶606

I am convinced that notice is not able to be served on the party respondent-accused for want of correct/ sufficient address. What can be inferred is that the address was collected by the police at the time of initiation of the case, without proper verification. Either the accused concerned would have given incorrect address purposefully or that the accused shifted residence without a possibility of ascertaining their present address and whereabouts.

¶607

As per the orders impugned in these revision cases, the accused were discharged. In view of the proviso to Section 398 of the Code, no order to inquire into the case,

¶608

where the accused has been discharged, is possible unless

¶609

¶610

Crl.R.C.No.32 of 2018 & connected cases

¶611

such person has been given an opportunity of being heard. Therefore service of notice on the party respondents-accused is necessary if to set aside the impugned order and remit the matter to the court below for inquiring into or trying the offence. In none of these cases, there is a likelyhood of giving notice to the party respondent-accused.

¶612

A Division Bench of this Court considered the situations when Section 258 of the Code can be invoked in a summons case which does not qualify to be termed as a petty case in Suo motu v. State of Kerala and another [2023 KHC OnLine 821] . It was held:

¶613

“ii. In the case of those summons-cases instituted otherwise than upon a complaint, which do not qualify as petty offences, where the prosecution files a report stating unambiguously that despite its best efforts at locating the accused, it has not been successful in securing the presence of the accused before the Magistrate, the Magistrate concerned shall scrutinise the report submitted by the prosecution to satisfy himself/herself of the fact that reasonably sufficient steps have been taken by the prosecution to ensure the presence of the accused and that the costs of ensuring the appearance of such accused far exceed the

¶614

¶615

Crl.R.C.No.32 of 2018 & connected cases

¶616

maximum fine that is prescribed under the Statute for the offence concerned. In the event of the Magistrate being satisfied of both of the aspects mentioned above, then it would be permissible for the Magistrate to record an order of stoppage of proceedings in accordance with Section 258 of the Cr.P.C.”

¶617

The details of the offences involved in these cases

¶618

are tabulated below:

¶619

Crl.R.C.No.	ST/SC No.	Offence
32 of 2018	S.T.No.4254 of 2013	Section 279 IPC & Section 185, 3(1) r/w 181 of the M.V. Act
33 of 2018	S.T.No.4146 of 2013	Section 279 IPC & Section 185of the M.V. Act
36 of 2018	S.T.No.4259 of 2013	Section 279 IPC & Section 185, 3(1) r/w 181 of the M.V. Act
37 of 2018	S.T.No.3901 of 2013	Section 279 IPC & Section 185 of the M.V. Act
38 of 2018	S.T.No.3952 of 2013	Section 279 IPC & 185 of M.V. Act
40 of 2018	S.T.No.3980 of 2013	Section 279 IPC & 185 of M.V. Act
41 of 2018	S.T.No.3827 of 2013	Section 279 IPC and Section 185, 146 r/w 196 of the M.V. Act
49 of 2018	S.T.No.4467 of 2013	Section 279 IPC & 185, 146 r/w 196 of M.V. Act
51 of 2018	S.T.No.4322 of 2013	Section 15(c) r/w 63 of Kerala Abkari Act
56 of 2018	S.T.No.4515 of 2013	Section 15(c) r/w 63 of Kerala Abkari Act
67 of 2018	S.T.No.4136 of 2013	Section 279 IPC and Section 185 of M.V. Act.

¶620

¶621

Crl.R.C.No.32 of 2018 & connected cases

¶622

84 of 2018	S.T.No.4669 of 2013	Section 279 IPC and Section 185 of M.V. Act.
85 of 2018	S.T.No.4680 of 2013	Section 15(c) of Kerala Abkari Act
87 of 2018	S.T.No.4600 of 2013	Section 279 IPC & Section 185, 3(1) r/w 181 of the M.V. Act
88 of 2018	S.T.No.4638 of 2013	Section 279 IPC and Section 185 of M.V Act
89 of 2018	S.T.No.4623 of 2013	Section 279 IPC and Section 185 of M.V. Act
90 of 2018	S.T.No.4615 of 2013	Section 279 IPC and Section 185 of M.V. Act
92 of 2018	S.T.No.4904 of 2013	Section 279 IPC and Section 185 of M.V. Act
93 of 2018	S.T.No.4895 of 2013	Section 279 IPC and Section 185 of M.V. Act
96 of 2018	S.T.No.4978 of 2013	Section 15(c) r/w 63 of Kerala Abkari Act
100 of 2018	S.T.4920 of 2013	Section 279 IPC
101 of 2018	S.T.No.4918 of 2013	Section 279 IPC and Section 185 of M.V. Act
102 of 2018	S.T.No.4916 of 2013	Section 279 IPC, Section 185 of M.V Act
113 of 2018	S.T.No.4879 of 2013	Section 279 IPC, Section 185 of M.V Act
114 of 2018	S.T.No.4927 of 2013	Section 279 IPC, Section 185 of M.V Act
115 of 2018	S.T.No.4943 of 2013	Section 279 IPC, Section 185 of M.V Act
116 of 2018	S.T.No.4940 of 2013	Section 279 IPC, Section 185 of M.V Act
117 of 2018	S.T.No.4929 of 2013	Section 279 IPC, Section 185 of M.V Act
119 of 2018	S.T.No.4763 of 2013	Section 279 IPC, Section 185 of M.V Act

¶623

¶624

Crl.R.C.No.32 of 2018 & connected cases

¶625

125 of 2018	S.T.No.4856 of 2013	Section 279 IPC, Section 185 of M.V Act
128 of 2018	S.T.No.5318 of 2013	Section 15(c) r/w 63 of Kerala Abkari Act
130 of 2018	S.T.No.5323 of 2013	Section 279 IPC & Section 185, 3(1) r/w 181, 146 r/w 196 of the M.V. Act
132 of 2018	S.T.No.5134 of 2013	Section 15(c) r/w 63 of Kerala Abkari Act
135 of 2018	S.T.No.5151 of 2013	Section 279 IPC & Section 185, of the M.V. Act
141 of 2018	S.T.No.5192 of 2013	Section 279 IPC, Section 185, 146 r/w 196 of M.V Act

¶626

Considering the offences involved and the

¶627

punishment prescribed, particularly the fine imposable, I am

¶628

of the view that there is no meaning in continuing these proceedings. It will be against the interest of justice to proceed with these cases, when there is absolutely no likelihood of serving notices on the respondent-accused.

¶629

In such circumstances, these Revision Cases are closed.

¶630

P.G. AJITHKUMAR, JUDGE

¶631

dkr

Suo Motu v. State of Kerala

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What the court decided

Suo Motu v. State of Kerala

Case brief

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