M NARAYANAN Vs. CHELLAN KUNHAMBU

JUDGEMENT

(1.) The prayer in this petition is to set aside the order of acquittal in C. C. 230/81 on the file of Judicial Magistrate of Second Class, Payyannur. On a complaint by the petitioners, the first respondent was charge sheeted for an offence under S. 51 (A) of the Kerala Police Act. The grievance made is that after examining two out of six witnesses cited, and without making an attempt to procure attendance of the other witnesses, the accused was acquitted. This, the petitioners would say, has resulted in a miscarriage of justice.

(2.) To ascertain the correctness of the allegation, a report was called from the Magistrate. The report dated 12-6-87 shows that on 16-7-83, 26-7-83 and 16-8-83, the Court ordered summons to all witnesses and that summons was seen to have been issued only on 26-7-83 and 16-8-83. That too, was only to C.Ws. 1 and 2 though the order directed issue of summons to all witnesses. Served copies of summons are not seen in the records, and there is no entry for issue of summons, according to the report. The Magistrate states, that summons, 'if any issued' were not seen among the records. The diary extract for 16-7-83, 26-7-83, 16-8-83, 29-8-83, 30-8-83 reads as under: <FRM>JUDGEMENT_1375_CRLJ_1988Html1.htm</FRM>

(3.) A reading of the diary, makes sad comment on the manner in which the Magistrate discharged his responsibilities. Though there was a direction to issue summons, the Magistrate did not ascertain if summons was actually issued and what happened if it was issued. Nor did he consider whether further steps were called for to secure presence of witnesses. At the end of the month, proceedings were completed with undue haste and an order of acquittal followed.