SUO MOTU PROCEEDINGS Vs. STATE OF KERALA

JUDGEMENT

(1.) Suo motu proceedings were initiated against the order of acquittal on the ground that the jurisdiction under Sec. 258 Cr.P.C. was exercised without any sufficient ground and without the compliance of requirement as mandated.

(2.) Sec. 258 Cr.P.C. is extracted below for reference:

(3.) In a summons case, it is permissible for the Magistrate, for the reason to be recorded, to stop further proceedings at any stage without pronouncing any judgment and to release the accused which will have the effect of a discharge or in the case of recording of statement of principal witness to pronounce a judgment of acquittal, if it is found that the accused could not be procured within a reasonable time or cost of procuring the accused would exceed the maximum fine amount that can be imposed for the offence alleged against.