S.258 CrPC | Magistrate Can Stop Proceedings When Presence Of Accused Cannot Be Secured Despite Best Efforts: Kerala High Court

The Kerala High Court made it clear that Section 258 CrPC empowered a Magistrate to order stoppage of proceedings at any stage of the trial, after issuance of summons and before completion of trial. It observed that proceedings can be stopped when the magistrate is satisfied that the presence of the accused cannot be secured before the court owing to incorrect or fake address of the accused or for other valid reasons , despite the prosecution made sincere efforts. The court also clarified that proceedings cannot be stopped by the Magistrate under Section 258 CrPC in cases where the accused was absconding after service of summons or intentionally dodging service of summons.