KOCHI: The high court has found out that the procedures adopted by Kollam Judicial first class magistrate court (III) for acquitting accused persons involved in various abkari, narcotics smuggling and vehicle cases is illegal. The single bench ordered reconsideration of the cases.
Kollam Chief Judicial Magistrate had given a report in the high court that the cancellation of 1622 cases by Kollam first class magistrate court just because the prosecution could not produce the accused is illegal. The Vigilance department of the high court had also submitted a similar report.
After that the matter was suo-motu considered as a petition.

According to section 258 of CrPC, the magistrate has the authority to end a case at any stage of the case. But the high court clarified that this right could not be exercised just because the accused could not be produced by the Prosecution.
The right could be exercised only when the court is convinced that the case is not maintainable prima-facie.

The single bench evaluated that there was no sincere effort from the part of the court to ensure the presence of the accused and the magistrate over-steped the limit of his discretionary powers.