07 November 1972 Criminal Trial >> Criminal Law   |   Theft >> Criminal Law  

The State recently won two petitions challenging orders passed by a Magistrate in Bangalore. The cases involved the same accused individuals facing charges related to theft.

The crux of the issue stemmed from the Magistrate's decision to halt proceedings under Section 249 of the Criminal Procedure Code (CrPC). This section allows for the temporary stoppage of trials in summons cases (less serious offenses) where the accused cannot be produced.

However, the State argued that Section 249 was inapplicable in this instance. The charges against the accused fell under warrant procedures outlined in Chapter XXI of the CrPC, indicating more serious offenses. Warrant procedures involve a stricter process for bringing the accused to court.

The court agreed with the State's argument. Since the cases involved warrant procedures, Section 249, meant for summons cases, was not the appropriate course of action for the Magistrate. As a result, the court ruled that the Magistrate's orders were flawed.

The court's final order allowed the State's petitions and set aside the Magistrate's rulings. The Magistrate was directed to resume proceedings in the cases, following the correct procedures outlined in Chapter XXI of the CrPC for warrant-based offenses.

  Code of Criminal Procedure, 1973