Failure to secure presence of accused not a reason to invoke section 258 CrPC to stop criminal proceedings

Suo Moto Vs State of Kerala and Anr

Kerala HC

20/05/219

Crl.RC.No. 1869 of 2018

About/from the judgment:

"For the reason that the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured is no reason to invoke Section 258 of the Cr.P.C."

 

The Kerala High Court has observed that a Magistrate cannot invoke Section 258 of the Criminal Procedure Code to stop proceedings merely because the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured.

 

Proceedings in many cases (registered under Section 15(c) r/w. Section 63 of the Abkari Act, Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, and Section 279 of the IPC r/w. Section 185 of the Motor Vehicles Act) were stopped by a Magistrate citing the failure of the prosecution to procure the presence of the accused before the court.

 

Section 258 Cr.P.C. gives power to a Magistrate of the First Class or with the previous sanction of the Chief Judicial Magistrate, any other judicial Magistrate, to stop the proceedings at any stage without pronouncing a judgment by recording the reasons for the same. The provision also states that where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded; the Magistrate shall pronounce a judgment of acquittal. In any other case, the court can release the accused and such release shall have the effect of discharge. The court said:

"Section 258 can be invoked only in peculiar and unusual circumstances in cases, wherein no prima facie case is made out against the accused or when the accusation does not actually constitute an offence or for the reason that the prosecution is bound to fail on account of a technical defect. For the reason that the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured is no reason to invoke Section 258 of the Cr.P.C."

 

The court said that the Magistrate, in these cases, had not made any genuine endeavour to secure the presence of the accused by exhausting the provisions under the Code. Setting aside the orders, the court observed:

"The order is laconic and is not supported by any reasons. The learned Magistrate has exceeded in its powers in invoking provisions of Section 258 of the Code and hence, cannot be sustained, the same being illegal and irregular."

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Some elements on this page did not load. Refresh your site & try again.

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.