Criminal Revision Cases Nos. 78 of 2017 and connected cases

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **FRIDAY, THE 29[TH] DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943** **CRL.RC NO. 78 OF 2017** **AGAINST THE ORDER IN ST 3297/2013 OF JUDICIAL MAGISTRATE** **OF FIRST CLASS-II, KOLLAM** ## **PETITIONER:** **SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVECOMMITTEE IN ITS MEETING HELD ON 18.09.17.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST (CR. 829/2013).** - **2 PRASANTH S/O SASIDHARAN PILLAI, PRASANTH MANDIRAM, THOLIKKODU CHERY, NEAR THOLIKKODU SCHOOL, PUNALOOR VILLAGE.** - **3 SUNILKUMAR S/O AYYAPPAN PILLAI, THAZHAVILA PUTHEN VEEDU, THAZHUTHALA CHERY, ADICHANALLOOR VILLAGE.** ## **OTHER PRESENT:** **SRI. M C ASHI, PP.** **THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 27.10.2021, ALONG WITH Crl.RC.582/2018 AND CONNECTED CASES, THE COURT ON 29.10.2021 DELIVERED THE FOLLOWING:** 2 Crl.Rev.Case No.78 of 2017 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 29[TH] DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943** **CRL.RC NO. 582 OF 2018** **AGAINST THE ORDER IN ST 3388/2014 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,SAKTHIKULANGARA CR. 337/2014. 2 MADHU S/O. JANARDHANAN PILLAI, SWAPNALAYAM VEEDU,SREENAGAR-9, KADAPPAKADA MURI, KOLLAM EAST VILLAGE.** **SRI. M C ASHI, PP.** **THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 27.10.2021, ALONG WITH Crl.RC.78/2017 AND CONNECTED CASES, THE COURT ON 29.10.2021 DELIVERED THE FOLLOWING:** 3 Crl.Rev.Case No.78 of 2017 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 29[TH] DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943** **CRL.RC NO. 604 OF 2018** **AGAINST THE ORDER IN ST 4474/2014 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,KOLLAM EAST CR. 664/2014.**| |**2**|**AMEERSHA**| ||**S/O. SAINULABDEEN, KUMARAVILASOM**| ||**PURAYIDOM,PEOPLE'S NAGAR 362, KARPOORAM CHERI,**| ||**VADAKKEVILA.**| |**3**|**UMESAN**| ||**S/O. VASUDEVAN, USHA MANDIRAM,**| ||**VETTOLIL,PRIYADARSINI NAGAR,NEAR RANDAMKUTTY,**| ||**KANNIMEL CHERI, MANGADU VILLAGE.**| ## **SRI. M C ASHI, PP.** **THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 27.10.2021, ALONG WITH Crl.RC.78/2017 AND CONNECTED CASES, THE COURT ON 29.10.2021 DELIVERED THE FOLLOWING:** 4 Crl.Rev.Case No.78 of 2017 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 29[TH] DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943** **CRL.RC NO. 745 OF 2018** **AGAINST THE ORDER IN ST 6489/2014 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,KOLLAM EAST CR.1412/2014.** - **2 REJOY S/O YESUDASAN, KAITHKODIYIL PORUVILAYIL VEEDU,VELLIMON CHERI, PERINADU VILLAGE. SRI. M C ASHI, PP.** **THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 27.10.2021, ALONG WITH Crl.RC.78/2017 AND CONNECTED CASES, THE COURT ON 29.10.2021 DELIVERED THE FOLLOWING:** 5 Crl.Rev.Case No.78 of 2017 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **FRIDAY, THE 29[TH] DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943** **CRL.RC NO. 756 OF 2018** **AGAINST THE ORDER IN ST 8326/2014 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,SAKTHIKULANGARA CR.1518/2014.** - **2 JOHN BRITTO @ KUNJUMON S/O JOSEPH, AKKARATHOTTAM VEEDU, SOUMYA NAGAR,NEAR MAYYANAD HS, MAYYANADU VILLAGE.** **SRI. M C ASHI, PP.** **THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 27.10.2021, ALONG WITH Crl.RC.78/2017 AND CONNECTED CASES, THE COURT ON 29.10.2021 DELIVERED THE FOLLOWING:** 6 Crl.Rev.Case No.78 of 2017 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **FRIDAY, THE 29[TH] DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943** **CRL.RC NO. 987 OF 2018** **AGAINST THE ORDER IN ST 2340/2015 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,KOLLAM EAST, CR. 509/2015.** - **2 JAYANANDHAN S/O. JANARDHANAN, CHARUVILA VEEDU,NEAR HIGH SCHOOL, KOTTAVATTOM CHERI,CHAKKUVARAKKAL VILLAGE.** ## **SRI. M C ASHI, PP.** **THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 27.10.2021, ALONG WITH Crl.RC.78/2017 AND CONNECTED CASES, THE COURT ON 29.10.2021 DELIVERED THE FOLLOWING:** 7 Crl.Rev.Case No.78 of 2017 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 29[TH] DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 CRL.RC NO. 1025 OF 2018** **AGAINST THE ORDER IN ST 2330/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM** **PETITIONER:** **SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVECOMMITTEE IN ITS MEETING HELD ON 18.09.17.** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST, CR.527/2015. 2 RAFEEQUE S/O.YAHIYA, PUTHEN VEETTIL, K.V.NAGAR-201, KOLLOORVILA CHERI, ERAVIPURAM VILLAGE.** **SRI. M C ASHI, PP.** **THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 27.10.2021, ALONG WITH Crl.RC.78/2017 AND CONNECTED CASES, THE COURT ON 29.10.2021 DELIVERED THE FOLLOWING:** 8 Crl.Rev.Case No.78 of 2017 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 29[TH] DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943** **CRL.RC NO. 1143 OF 2018** **AGAINST THE ORDER IN ST 1422/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM** **PETITIONER:** **SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRTIVE COMMITTEE IN ITS MEETING HELD ON 18/9/17.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOLLAM EAST, CR.281/2015.** - **2 RAKESH KUMAR S/O RAJACHANDRAN PILLAI, SIVA NAGAR11,PUNTHALATHAZHAM CHERRY, VADAKKEVILA VILLAGE.** **SRI. M C ASHI, PP.** **THIS CRIMINAL REVISION CASE HAVING COME UP FOR FINAL HEARING ON 27.10.2021, ALONG WITH Crl.RC.78/2017 AND CONNECTED CASES, THE COURT ON 29.10.2021 DELIVERED THE FOLLOWING:** 9 Crl.Rev.Case No.78 of 2017 & connected cases ## **COMMON ORDER** ## **[Crl.RC Nos.78/2017, 582/2018, 604/2018, 745/2018, 756/2018, 987/2018, 1025/2018, 1143/2018]** ## **Dated this the 29[th] day of October, 2021** The Chief Judicial Magistrate, Kollam informed the High Court that the Judicial First Class Magistrate Court-II, Kollam, during the period from 01.06.2016 to 31.12.2016, disposed of several cases pending on the files of that court invoking the powers under Section 258 of the Cr.P.C. On 18.09.2017, the Administrative Committee of this Court considered the matter and resolved to initiate steps to register _suo motu_ criminal revision cases as provided under Sections 397 and 401 of Cr.P.C., finding that there occurred miscarriage of justice in adopting such a procedure for disposing of the cases. Consequently, these Criminal Revision Cases were registered. 2. The following are the details of the cases regarding which these Criminal Revision Cases have been instituted: |**Cr.R.C.No.**|**S.T.No.**|**Offences**| |---|---|---| |Cr.R.C.No.78/2017|S.T.No.3297/2013|S.15C r/w 63 of<br>Kerala Abkari Act| 10 Crl.Rev.Case No.78 of 2017 & connected cases |Cr.R.C.No. 582/2018|S.T.No.3388/2014|S.15C r/w 63 of<br>Kerala Abkari Act| |---|---|---| |Cr.R.C.No.604/2018|S.T.No.4474/2014|S.15C r/w 63 of<br>Kerala Abkari Act| |Cr.R.C.No.745/2018|S.T.No.6489/2014|S.279, IPC & S.185<br>of MV Act.| |Cr.R.C.No.756/2018|S.T.No.8326/2014|S.15C r/w 63 of<br>Kerala Abkari Act| |Cr.R.C.No.987/2018|S.T.No.2340/2015|S.27(b) of the<br>NDPS Act| |Cr.R.C.No.1025/2018|S.T.No.2330/2015|S.279, IPC & S.185<br>of MV Act.| |Cr.R.C.No.1143/2018|S.T.No.1422/2015|S.279, IPC & S.185<br>of MV Act.| 3. On going through the proceedings sheet in each of the said cases, it is seen that the learned Magistrate passed orders under Section 258, invariably, by cryptic orders; although there is difference in the words used, in purport, to the effect that “accused is discharged under Section 258, Cr.P.C.”. 4. Heard the learned Public Prosecutor Sri.M.C.Ashi. There was no representation for the respondent(s)/accused. The learned Public Prosecutor submitted that the orders in 11 ## Crl.Rev.Case No.78 of 2017 & connected cases question are illegal and liable to be set aside. 5. This Court considered contours of the powers of a Magistrate while acting under Section 258 of the Cr.P.C. in **Neela Lohitha Dasan Nadar v. State of Kerala [2003 (1)** **KLT 844]** and held that it is an enabling section and is one to be applied in very special circumstances. The Court after referring to the decisions in **Radhamany Amma v. Kunju Pillai [1980 KLT 393]** and **Balakrishna Panicker v. Thevan [1987 (1) KLT 628]** , further held that Section 258 Cr.P.C. is intended to be applied only in very special and compelling circumstances, which make it difficult or impossible for the Magistrate to proceed in the usual way by taking evidence as provided in Section 254 of the Code. Needless to say that the power under Section 258 Cr.P.C, shall be exercised reasonably and judiciously. It should not be forgotten that the normal rule is that both parties do get the opportunity to adduce evidence and the court gives its verdict on the guilt or innocence of the accused based on the evidence in the case. The court may invoke Section 258 12 Crl.Rev.Case No.78 of 2017 & connected cases Cr.P.C. in a case where the allegations against the accused, even accepting them as true, do not constitute an offence or on being satisfied that there exists serious defects in the prosecution case which go to the root of the matter, thereby rendering further proceedings rather impossible or futile. The power to stop the proceedings at any stage has to be sparingly used and that too in exceptional or unusual circumstances. 6. Earlier, legality of the orders of the Magistrate discharging accused in another batch of cases of similar nature was considered by this Court in _**Suo motu**_ **proceedings as per the resolution of the Administrative Committee in its meeting held on 18.09.2017 v. State of Kerala and Others [2019 (3) KHC 188]** . The view taken was “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. 13 Crl.Rev.Case No.78 of 2017 & connected cases 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. From the proceedings sheet, it does not appear that the learned Magistrate had made any genuine endeavour to secure the presence of the accused by exhausting the provisions under the Code. The order is laconic and is not supported by any reason. 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.” 7. Similar are the situations in these cases as well. Having considered the matter in detail, I am of the view that there is no reason to take a different view from the decision rendered in _**Suo motu**_ **proceedings** (supra). Accordingly, the Criminal Revision Cases are allowed. The orders of the learned Magistrate discharging the accused in the respective cases are set aside. The learned Magistrate will take back the cases on file and proceed with in 14 Crl.Rev.Case No.78 of 2017 & connected cases accordance with law. The respective respondent(s)/accused will appear before the Judicial First Class Magistrate Court-II, Kollam on 15.11.2021. Sd/- ## **P.G. AJITHKUMAR, JUDGE** dkr