T.G.ANOOP Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed under Sec. 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred as 'BNSS' for short], to set aside order dtd. 3/5/2024 in M.C. No.46/2023 on the files of the Sub Divisional Magistrate, Devikulam or to remand the case for de novo trial and disposal. The petitioner herein is the counter petitioner in M.C. No.46/2023.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor, in detail. Perused the impugned order and relevant materials available.

(3.) At the time of hearing, the learned counsel for the petitioner, vehemently canvased that, before passing the order under Sec. 117 of Cr.P.C, the Court shall conduct an inquiry as provided under Sec. 116 of Cr.P.C. as to the truth of the information. In the instant case, the said procedure not properly followed by the learned Magistrate. Therefore, the order is illegal for procedural violation. He also would submit that, even though CW4 was examined as PW1 before passing the impugned order, the same lacks sufficient reasons to justify the order. Therefore, on merits also the impugned order will not stand in the eye of law, is the submission of the learned counsel for the petitioner.