SC nullified Kerala HC direction on sec. 173(2) Cr. P.C for removal of accused

SC nullified Kerala HC direction on sec. 173(2) Cr.P.C for removal of accused

The Supreme Court held that there should be no effect given to the direction of Kerala HC for the deletion of parties from the array of the accused in the final report. A bench of Justices Mohan Shantanagoudar and Vineet Saran had observed while disposing of the Special leave petition by the State of Kerala against the given directions that the directions given by the said HC will have no general application and will apply only to the facts of the particular case.

The HC has deplored the practice of the police filing reports before the magistrate to remove or delete the parties, also it observed that there’s a possibility to file a ‘refer report’ u/s 173 of Cr. P.C and that such reports shall be filed with respect to persons who have been dropped as accused in the case. The SC The SC further stated to ignore the directions which were issued by the said HC.

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Shubhi Shukla
“Don’t let what you cannot do interfere with what you can do.” I am Ms. Shubhi Shukla an ambitious girl whose aim in life is to hone my skills and widen my repertoire as far as possible. I am currently pursuing my Bachelor’s in Arts and Law [B.A.LL.B(Hons.)] from Faculty of Law, Banaras Hindu University, Varanasi. I didn’t enter this realm of law by my volition but I’m dead certain that I’ll make it my métier and my playground. Comprehending laws that governs societies, absorbing knowledge about every aspects about it and having rational thinking are of primary importance to me as a law student. I try not to talk too much but to walk the talk, I hope to learn with every new opportunity and contribute for others as well.