Kerala High Court
Suo Motu vs State Of Kerala on 1 March, 2019
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 129 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 5117/2013 of JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KOLLAM
PETITIONERS:
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. 1179/13.
2 JOSE PRAKASH
S/O. ELIYAS, KULATHORR HOUSE,
USHAS NAGAR-7, MANGADU VILLAGE.
BY SMT.V.SREEJA, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON
01.03.2019, ALONG WITH Crl.RC.288/2018, Crl.RC.329/2018,
Crl.RC.575/2018, Crl.RC.581/2018, Crl.RC.602/2018,
Crl.RC.610/2018, Crl.RC.1132/2018, Crl.RC.1265/2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-2-
Crl.RC.No. 129 of 2018
& Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 288 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 8732/2013 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS:
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,
KOTTIYAM CR.2213/2013.
2 MAHIN KANNU SO.SAINULABDEEN
BABUJI NAGAR,(HOUSE OWNER PEERU
KANNU),KAYYALAKKAL VILLAGE,
ERAVIPURAM VILLAGE.
BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION
ON 01.03.2019, ALONG WITH OTHER CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
-3-
Crl.RC.No. 129 of 2018
& Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 329 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 9281/2013 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS:
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,
ERAVIPURAM CR.1529/2013.
2 SUNIL
S/O ANTONY, HOUSE NO.194, POOKULAM TSUNAMI
FLAT -25, NEDUNGOLAM CHERI,PARAVOOR VILLAGE.
BY SRI.V.SREEJA, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION
ON 01.03.2019, ALONG WITH OTHER CONNECTED CASES THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
-4-
Crl.RC.No. 129 of 2018
& Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 575 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 594/2014 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS:
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 EXCISE INSPECTOR OF
POLICE, CHATHANNOOR RANGE CR. 77/2013.
2 PRAKASH
S/O. KOCHUKUNJU, PRAKASH BHAVAN,
PULLANKUZHY DESOM, KOTTIYAM,
MAYYANDAU VILLAGE, KOLLAM.
SMT.V.SREEJA, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION
ON 01.03.2019, ALONG WITH OTHER CONNECTED CASES THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
-5-
Crl.RC.No. 129 of 2018
& Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 581 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 3919/2014 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS:
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. 556/2014.
2 SUDHEER
S/O. ABBAS, KALEELAZHIKOM VEEDU,
CHIRAYIL BHAGOM, NAVAIKULAM WARD,
NAVAIKULAM VILLAGE,CHIRAYINKEEZHU TALUK.
BY SMT. V.SREEJA, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION
ON 01.03.2019, ALONG WITH OTHER CONNECTED CASES THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
-6-
Crl.RC.No. 129 of 2018
& Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 602 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 10730/2013 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS:
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. 2456/2013.
2 DEVAKUMAR
S/O. KRISHNAN KUTTY,
MUNICIPAL COLONY,PUTHENPURA KIZHAKKATHIL,
ULIYAKOVIL CHERI, KOLLAM EAST VILLAGE
BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION
ON 01.03.2019, ALONG WITH OTHER CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
-7-
Crl.RC.No. 129 of 2018
& Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 610 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 10922/2013 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS:
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.2522/2013.
2 JAYACHANDRAN
S/O.VASUDEVAN, JAYACHANDRA VILASAM,
KOTTUMPURAM, NEAR VENMANICHIRA COLONY,
THAZHUTHALA CHERI, ADICHANALLUR VILLAGE.
BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION
ON 01.03.2019, ALONG WITH OTHER CONNECTED CASES THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
-8-
Crl.RC.No. 129 of 2018
& Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 1132 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 9301/2014 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS:
SUO MOTU
PROCEEDINGS AS PER THE RESOLUTION OF THE
ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD
ON 18.9.17.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF PLICE,
KOTTIYAM, G.L.PETTY NO.375/2014.
2 ALPRAMOD M.
S/O MOHANAN, THACHANTHOD
MELATHIL,THAZHUTHALA.
BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION
ON 01.03.2019, ALONG WITH OTHER CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
-9-
Crl.RC.No. 129 of 2018
& Connected cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
Crl.RC.No. 1265 of 2018
AGAINST THE ORDER/JUDGMENT IN ST 17/2015 of JUDICIAL
MAGISTRATE OF FIRST CLASS -III (TEMPORARY) KOLLAM
PETITIONERS:
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,
KOLLAM CITY TRAFFIC CR.2628/2014.
2 JAYAPRAKASH
S/O VISWAMBHARAN, THAZHATHIL VEEDU,
NEAR THARIAN MUKKU,CHITTAYAM CHERI,
PANAYAM VILLAGE.
SMT.V.SREEJA, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION
ON 01.03.2019, ALONG WITH OTHER CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
-10-
Crl.RC.No. 129 of 2018
& Connected cases
ORDER
These Criminal Revision Cases were registered suo motu on noticing that the order passed by the Court of the Judicial Magistrate of First Class-III (Temporary), Kollam under Section 258 Cr.P.C. was illegal.
2. Notice was served on the second respondent in each case, who was the accused before the court below. However, there is no appearance for the second respondent.
3. All the above said cases were registered as summary trial cases. In the summary trial cases covered by these Criminal RCs, the second respondent allegedly committed the offence under Section 279 IPC. In some of the cases, there is also allegation of having committed the offences under Sections 379 and 338 IPC and Sections 185 and 181 read with Section 3(1) of the Motor Vehicles Act. In some cases, there are offences under -11- Crl.RC.No. 129 of 2018 & Connected cases the Motor Vehicles Act and IPC also. In some cases, there is offence under Section 15(c) of the Abkari Act also.
4. The learned Magistrate disposed of some of the cases with the following order:-
"Proceedings closed under Section 258 Cr.P.C."
In some other cases, the learned Magistrate passed the following order:-
"Discharged under Section 258 Cr.P.C."
5. Every judicial order must be a speaking order. However, the orders passed by the learned Magistrate in the above said cases do not contain any reason for discharging the accused and dropping the proceedings under Section 258 Cr.P.C. In the said circumstances, the said orders cannot be said to be speaking orders. In view of the above reason, the order passed by the learned Magistrate in each of the summary trial cases covered by the Crl.RCs is patently illegal and hence it is -12- Crl.RC.No. 129 of 2018 & Connected cases liable to be set aside.
In the result, these Criminal Revision Cases stand allowed. The orders passed by the learned Magistrate in the summary trial cases covered by the above Crl.RCs stand set aside and the learned Magistrate is directed to take back the cases on the files of the Court and proceed with the cases, in accordance with law.
Sd/-
B.SUDHEENDRA KUMAR JUDGE Nkr/02.03.19