In a bench headed by the Honorable Dr. Justice Kauser Edappagath, the High Court of Kerala, while addressing the concern of pending minor cases, instructed Magistrates to scrutinize the prosecution report, assess the adequacy of security measures, and consider issuing a stay of proceedings order under Section 258 of the Cr. P.C. to handle such matters.
Brief Facts of the Case:
Due to the increasing number of small matters standing before several Magistrate Courts in the State, the High Court instituted a case on its own. The cases are primarily the result of the prosecution's inability to obtain the accused's presence due to false or incomplete addresses. Magistrates used to rely on Section 258 of the Code of Criminal Procedure to halt proceedings in such circumstances, but due to court orders, they no longer do so. As an amicus curia, Adv. Nandagopal S. Kurup was nominated to assist the court.
Contentions of the Petitioner:
Sri. Nandagopal S. Kurup contended that Section 258 of the Cr.P.C., which gives the Magistrate the authority to terminate a summons case based on a police report, might be invoked when there is a fundamental flaw in the prosecution case, making further proceedings difficult or fruitless.
Contentions of the Respondent:
According to Sri. S.U. Nazar, a summons case trial begins when the accused appears or is brought before the Magistrate, and the expression 'at any stage' in Section 258 applies to any stage after appearance.
Observations of the Court:
The case is around a Magistrate's powers under Section 258 of the Cr.P.C. This rule permits a Magistrate to halt proceedings in a summons case without issuing a judgment, thereby reducing court waste and the backlog of cases. The question is whether this provision authorises the Magistrate to halt proceedings even when an accused's appearance cannot be assured.
If obtaining the accused's attendance is impossible due to an erroneous or fake address or other reasonable grounds, the Magistrate is obligated to exercise their power to halt proceedings and release the accused. Before halting proceedings and releasing the accused, the Magistrate must record reasons. An order issued under Section 258 before obtaining the accused's attendance has the effect of a discharge, and in appropriate instances, the accused may be tried again with the court's permission.
The Decision of the Court:
Section 258 of the Criminal Procedure Code governs minor offences and other summons cases that are not the result of a complaint.
Magistrates should be requested to investigate the prosecution's report if adequate means have been made to secure the accused's presence or if the costs of guaranteeing their appearance exceed the statute's maximum fine. If they are satisfied, they may enter a stay of proceedings order under Section 258 of the Cr.P.C. If both conditions are met, the Magistrate may issue a stay of proceedings order. The practice directive applies only where the prosecution admits to being unable to assure the accused's appearance in a summons case, and not in any other situation where Section 258 duties may apply.
Case Title: Suo Moto High Court of Kerala vs. State of Kerala & Anr.
Coram: Hon’ble Dr Justice Kauser Edappagath
Case No.: O.P(Crl.). No. 809 of 2023
Advocate for Petitioner: Adv. Nandagopal S. Kurup
Advocate for Respondent: Adv. S.U. Nazar, Adv. E.C. Bineesh
(With input from news agency language)
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