STATE OF KERALA Vs. RAJU

JUDGEMENT

(1.) The revision petition is against an order discharging the respondent accused of offences under S.408, 465 and 420 IPC, passed by the Judicial Magistrate, First Class, Tirur.

(2.) The final report in the case was received in Court on 16-3-1978 and it was in due course registered as CC No. 123 of 1978. Along with the final report the Sub Inspector of Police, who presented the charge sheet had also filed copies of the statements of fifteen witnesses, records under S.161(3) of the Code of Criminal Procedure and a memorandum of evidence. The accused put in appearance on 6-6-1978. In due course he was released on bail.

(3.) On 12-12-1978 the Advocate appearing for the accused filed a petition claiming discharge under S.239 of the Code of Criminal Procedure. The sole ground alleged was that there was non compliance of the directions contained in S.173(5)(b) of the Code of Criminal Procedure, in as much as the prosecution failed to produce the original statements recorded under S.161 of all the persons whom the prosecution proposed to examine as witnesses. The Magistrate upheld the contention and discharged the accused.