Judicial Vision August 2021

August 2021 Judicial Vision Issue # 8
At a glance…
Sl
No
Court Parties Journal Provision of
law
Dictum
which is made after the filing of final report will not be
of any benefit to him. (Para 8)
In paragraph Nos.22 to 24 of the final order dated
02.09.2019 in Crl.M.C. No.4826/2019, this Court has
held that the court below has its duty and obligation to
examine the final report immediately after its filing and
to note the defects and to return the same to the
Investigating Officer for curing the defects and for resubmission,
especially in those cases where the
remanded accused is likely to put up a claim for default
bail plea and that such a statutory duty is cast on the
court going by the statutory provisions contained in the
aforementioned Rules 67 & 68 of the Criminal Rules of
Practice, Kerala, 1982, which has been dealt with in
paragraph No.15 of the order in Crl.M.C. 4826/2019.
This Court held therein that in a case where the final
report/charge sheet is filed either within the default
period or immediately thereafter, but before filing of the
statutory default bail plea by the accused, is defective
as on the date of filing of the said bail plea, then the
accused could put up the plea for statutory bail plea. But
in a case where the investigating agency has diligently
completed the investigation and has filed the final
report/charge sheet within the default period or
thereafter, but before the filing of the statutory bail plea
by the remanded accused, then the court is also having
a duty to alert the investigating agency to cure the
defects and still if the investigating agency has not
cured the subsisting defects as on the date of filing of
the statutory bail plea, then the right of the accused has
to be respected. But, at the same time, if the
investigating agency has been able to diligently cure
the defects and resubmit the final reports before the
abovesaid bail plea made by the accused, then
certainly the earlier accrued right, if any, will get
extinguished and the omission on the part of the court
to immediately notify the investigating agency in a case
like that to cure the defects, cannot be the substantial
basis to hold that the accused in such a case will still get
the indefeasible right to be released on default bail and
if such an approach is made, it would be rather too
hyper technical and without upholding and due regard
to the public interest.(Para 10)
Abbreviations
1. IPC- Indian Penal Code, 1860
2. CrPC-Code of Criminal Procedure, 1973
3. CPC-Code of Civil Procedure, 1908
4. KBLR Act- Kerala Building (Lease and Rent Control) Act, 1959
5. PoSCO Act - Protection of Children from Sexual Offences Act,
2012
6. PC Act-Prevention of Corruption Act, 1988
7. NI Act-Negotiable Instruments, 1881
8. MV Act- Motor Vehicles Act, 1988
9. TP Act -Transfer of Property Act, 1882
10. HMA- Hindu Marriage Act, 1955
Glossary of legal and administrative terms
De facto - വതാപരം
De jure - നിയമപരം
Demobilisation - പിരിവിടൽ
Delusion - മിഥ, മം
Demarcation
Defaulter
Demeanour
- അതിർി നിർയം
- വീ വയാൾ
- ഭാവേചകൾ; െപമാ രീതി
Demurrage – കാലവിളംബ ചും; കാലതാമസ നപരിഹാരം
De novo trial - പുനർ വിചാരണ
Delimitation - അതിർി പുനർ നിർയം
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