Source: Kerala High Court

Why in News?

Dr. Justice AK Jayasankaran Nambiar and Dr. Justice Kauser Edappagath have observed that in summons cases, Magistrates have power to stop proceedings under Section 258 of Code of Criminal Procedure, 1973 (CrPC), instituted otherwise than upon complaint, when the presence of the accused cannot be secured despite the best efforts of the prosecution.

• The Kerala High Court gave this judgment in the case of Suo Moto High Court of Kerala v. State of Kerala and Anr.

What is the Background of Suo Moto High Court of Kerala v. State of Kerala and Anr. Case?

• The trigger for registering the suo motu case appears to have been the burgeoning figures showing the pendency of petty cases before the various Magistrate Courts in the State.
• Section 258 of CrPC which gives discretionary power to the Magistrate to stop the proceedings of a summons case instituted on police report could be invoked when there exists serious defect in the prosecution cases, which go to the root of the matter, rendering further proceedings impossible or futile.
• The court opined that wording of the provision was very wide and could cover many circumstances where the Magistrate can order stoppage of proceedings.
• The Magistrate shall exercise such powers sparingly in appropriate cases only.
• In petty offences, the Magistrate shall scrutinize the report submitted prosecution and on being satisfied that reasonably sufficient steps have been taken to ensure the presence of the accused or that the costs of ensuring the appearance of such accused far exceeded the maximum fine that is prescribed under the Statute for the offence concerned.
• In summons cases instituted otherwise than upon a complaint, that does not qualify as petty offences, the Magistrate shall scrutinize the report submitted prosecution and on being satisfied that reasonably sufficient steps have been taken to ensure the presence of the accused or that the costs of ensuring the appearance of such accused far exceeded the maximum fine that is prescribed under the Statute for the offence concerned.

What were the Court’s Observations?

• Not only is the power vested in the Magistrate sufficiently wide in its nature and scope but also in cases where the presence of the accused cannot be secured notwithstanding the earnest and sincere efforts of the Prosecutor, the Magistrate is duty bound to exercise his/her power to stop the proceedings.
• The Magistrate must record reasons before stopping the proceedings and releasing the accused.

What is Section 258 of CrPC?

• Section 258: Power to stop proceedings in certain cases:
  • In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case release, the accused, and such release shall have the effect of discharge.
• ‘Summon- Case’:
  • Summons cases are described in Section 2(w) of CrPC.
  • A ‘summon case’ refers to a legal case related to an offence that is not considered a warrant case.
  • Warrant cases typically involve severe punishments like the death penalty, life imprisonment, or imprisonment exceeding two years.
  • In contrast, summon cases involve offences where the punishment does not exceed two years of imprisonment. These cases are generally less serious in nature and need to be resolved quickly, without compromising the principles of a fair trial.