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. 70 OF 2017
AGAINST THE ORDER/JUDGMENT IN ST NO.3238 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 18.09.17.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
KOTTIYAM
CR. 455/2013
2 THOMAS, S/O. KARIYA,
ALUVILA VEEDU,
NEDUMPANA CHERRY,
NEDUMPANA VILLAGE.
R1 BY ADV. SANGEETHARAJ N.R., PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR HEARING ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.RC NO. 70 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,
CRL.RC NO. 70 OF 2017
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
CRL.RC NO. 70 OF 2017
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
CRL.RC NO. 70 OF 2017
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
SPV
