Kerala High Court
Suo Motu Proceedings vs State Of Kerala on 5 June, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
CRL.RC NO. 8 OF 2017
AGAINST THE ORDER DATED 17/7/2016 IN ST NO.99 OF 2013 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONER
SUO MOTU PROCEEDINGS AS PER THE RESOLUTION
OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18/09/2017
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF
POLICE,SAKTHIKULANGARA CR.1380/2012.
2 MANOJ PETER @ PODIVAVA
S/O BABY,PUTHURAYYAM PUTHUR THEKKETHIL VEEDU,KUREEPUZHA
CHERRY,SAKTHIKULANGARA VILLAGE.
BY PUBLIC PROSECUTOR SRI.SANGEETHARAJ N.R. FOR R1
THIS CRIMINAL REVISION CASE HAVING COME UP FOR HEARING ON
05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.C.No.8 of 2017 2
ORDER
Suo motu proceedings were initiated against the
order of acquittal on the ground that the jurisdiction
under Section 258 Cr.P.C. was exercised without any
sufficient ground and without the compliance of
requirement as mandated.
2. Section 258 Cr.P.C. is extracted below for
reference:
"258. Power to stop proceedings in
certain cases.--In any summons-case instituted
otherwise than upon complaint, a Magistrate of
the first class or, with the previous sanction
of the Chief Judicial Magistrate, any other
Judicial Magistrate, may, for reasons to be
recorded by him, stop the proceedings at any
stage without pronouncing any judgment and
where such stoppage of proceedings is made
after the evidence of the principal witnesses
has been recorded, pronounce a judgment of
acquittal, and in any other case, release the
accused, and such release shall have the
effect of discharge."
3. In a summons case, it is permissible for the
Magistrate, for the reason to be recorded, to stop
further proceedings at any stage without pronouncing any
judgment and to release the accused which will have the
effect of a discharge or in the case of recording of
statement of principal witness to pronounce a judgment of
acquittal, if it is found that the accused could not be
procured within a reasonable time or cost of procuring
the accused would exceed the maximum fine amount that can
be imposed for the offence alleged against.
4. A Division Bench of this Court had the occasion
to consider the application of Section 258 Cr.P.C. in a
summons case in Suo motu v. State of Kerala and Another
(2023 KHC OnLine 821). The relevant portion of the
judgment is extracted below for reference:
"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
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."
5. Being the legal position settled as above, it is
within the jurisdiction of the trial court/concerned
Magistrate to exercise the power under Section 258
Cr.P.C. on its satisfaction that the presence of the
accused could not be procured in spite of attempt or that
the cost of ensuring/procuring the accused would exceed
the maximum fine that may be imposed for the offence.
This case would squarely fall under the purview of
Section 258 Cr.P.C.. Hence, stoppage of proceedings by
the learned Magistrate deserves no interference. The
revision fails and is closed.
Sd/-
P.SOMARAJAN
JUDGE
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