Failure To Secure Presence Of Accused Not A Reason To Invoke Section 258 CrPC To Stop Criminal Proceedings: Kerala HC [Read Order]

Ashok Kini

21 May 2019 7:35 PM IST

"For the reason that the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured is no reason to invoke Section 258 of the Cr.P.C."

The Kerala High Court has observed that a Magistrate cannot invoke Section 258 of the Criminal Procedure Code to stop proceedings merely because the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured. Justice Raja Vijayaraghavan V. observed thus while disposing suo motu revision petitions registered after it was brought to...

Failure To Secure Presence Of Accused Not A Reason To Invoke Section 258 CrPC To Stop Criminal Proceedings: Kerala HC [Read Order]

Ashok Kini

"For the reason that the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured is no reason to invoke Section 258 of the Cr.P.C."

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