IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4303 of 2010()
1. GOAPALAKRISHNAN @ GOPALJI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4303 & 4304 OF 2010
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Dated 26th October, 2010
O R D E R
Petitioner is the first accused in
C.C.1064/2009 and C.C.160/2010 on the file of
Judicial First Class Magistrate’s Court,
Paravoor. By Annexure-I order respectively,
finding that the cognizance could not have
taken for the offences under Sections 20 and
21 of Kerala Protection of River Bank and
Regulation of Removal of Sand Act, 2001 on a
final report submitted under Section 173(2) of
Code of Criminal Procedure, learned Magistrate
stopped the proceedings under Section 258 of
Code of Criminal Procedure on the applications
filed to discharge him. This petition is filed
under Section 482 of Code of Criminal
Procedure contending that learned Magistrate
Crmc 4303 & 4304/10
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should have discharged the petitioner.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. Petitioners had earlier filed
Crl.M.C.4268/2010 and 4272/2010 on identical
facts against identical orders in two other
cases. By order dated 21/10/2010, those
petitions were disposed making it clear that
the impugned orders were passed under Section
258 of Code of Criminal Procedure and as
provided under the Section petitioner was
released as the cases are being tried as
summons case and not warrant case and such
release shall have the effect of discharge as
provided under Section 258 of Code of Criminal
Procedure.
4. In the light of that order,
Crmc 4303 & 4304/10
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petitions are disposed making it clear that
the orders passed under Section 258 of Code of
Criminal Procedure is proper making it clear
that the petitioner is released in both cases
under Section 258 of Code of Criminal Procedure
and it shall have the effect of discharge.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.