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Gopalakrishnan Nair vs State Of Kerala on 31 July, 2014 cites

K.M. Mathew vs State Of Kerala And Anr on 19 November, 1991

3. The offences involved in the case are under Sections 294 (b) and 506 (i) of I.P.C. No doubt, it is summons trial. In a proceeding brought otherwise than on complaint, involving only summons trial, the accused can very well make application under Section 258 Cr.P.C at any stage. This is the spirit of what the Hon'ble Supreme Court held in K.M.Mathew's case. The second revision petitioner herein was brought as additional second accused under Section 319 of Cr.P.C. Of course, she had no notice, and she was not heard. On a perusal of the complaint, I find some allegation against her, and when examined in Court also, the de facto complainant said something against her. Whether these materials are sufficient to proceed against her as accused, will have to be considered by the trial court. It is not known what words or sentences were in fact used or uttered by the accused, or how those words will attract Section 294 (b) of I.P.C. So also, it is not specifically stated how criminal intimidation was made by the 2nd accused, or what exactly was the effect of such intimidation. Let all these matters as regards the second revision petitioner be considered by the trial court when application is filed under Crl.R.P No.862 of 2014 4 Section 258 of Cr.P.C. When such application is made, the trial court can very well consider the legal objections and pass appropriate orders.
Supreme Court of India Cites 13 - Cited by 328 - K J Shetty - Full Document
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