Abdul Hakeem vs The State Of Kerala on 24 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 816 of 2009()


1. ABDUL HAKEEM, S/O.KOCHUNNI,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,REPRESENTED BY
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :24/06/2009

 O R D E R
              M.SASIDHARAN NAMBIAR, J.
                ==================
                Crl.M.C. No. 816 of 2009-D
                ==================
          Dated this the 24th day of June, 2009.


                         O R D E R

This petition is filed under Section 482 of Code of

Criminal Procedure to quash Annexures B, D, F, G and H

notices/summons issued by the Sub Inspector of Police,

Ernakulam West Traffic Police Station, Kochi, directing the

petitioner to appear before Judicial First Class Magistrate

Court-II, Ernakulam on a particular day in cases registered

under Annexures A, C and E FIRs. The case of the

petitioner is that the Sub Inspector of Police has no

jurisdiction to issue summons to the accused directing him

to appear for an offence under Section 279 of Indian Penal

Code and therefore Annexures B, D, F, G and H

notices/summons are to be quashed.

2. Learned Counsel appearing for the petitioner and

the learned Public Prosecutor were heard.

Crl.M.C.No.816/2009-D
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3. Annexure B, D, F, G and H notices/summons were

issued by the Sub Inspector of Police directing petitioner to

appear before the Court and informing that he has to

appear before the Court for the offence committed under

Section 279 of Indian Penal Code. As rightly pointed out by

the learned Counsel appearing for the petitioner, as

provided under Section 60(1) of Code of Criminal

Procedure, every summons has to be issued by the court in

writing, in duplicate, and signed by the Presiding Officer of

the court or by such other officer as the High Court, from

time to time, direct and it shall bear the seal of the court.

Though Section 206 of Code of Criminal Procedure provides

for issue of special summons in respect of petty offences,

even that special summons can be issued by the Magistrate

only after taking congizance.

4. When a final report is filed by the Police or such

other authority competent to submit, it is for the Magistrate

to decide whether cognizance on the final report is to be

Crl.M.C.No.816/2009-D
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taken or not. The Magistrate can either take cognizance or

direct further investigation or even drop the proceedings.

Till the Magistrate decides the option to be exercised, no

summons could be sent to an accused by the investigating

officer. As all these summons were issued by the Sub

Inspector, before the learned Magistrate took cognizance of

the offences, all the summons are illegal and are quashed.

Petitioner is entitled to approach the Magistrate for interim

custody under Section 451 of Code of Criminal Procedure

for appropriate relief.

M.SASIDHARAN NAMBIAR
JUDGE

dkr