Non-Compliance With S.279, 281 CrPC Only An Irregularity But That Is Not Permission To Violate It: Kerala High Court

Post published: June 30, 2022
Post category:Daily Judgments / Kerala High Court
Reading time:2 mins read

Non-Compliance With S.279, 281 CrPC Only An Irregularity But That Is Not Permission To Violate It

Case: K.B. Rasheed v. State of Kerala

Coram: Justice PG Ajithkumar

Case No.: CRL.A NO. 317 OF 2008

Court Observation: “Non-observance of Section 279(1), 279(2) or 281(4) of the Code may be an irregularity only, but that is not a permission to violate it.”

“The non-compliance with Sections 279(1) or 281(4) of the Code is an irregularity. Unless prejudice is caused to the accused, that irregularity will not vitiate the trial altogether.”

“In the absence of certification or a statement of PW1 (police officer) in court that the appellant was communicated in Kannada about his right under Section 50 of the NDPS Act, it can only be said that there occurred non-compliance with the provisions of Section 50.”

K.B.-Rasheed-v.-State-of-Kerala-30-June-1 Download

Previous Posts

Competent Authority Can’t Act Beyond Show Cause Notice: Gujarat High Court Cancels Forfeiture Of Land Allotted To Trust For Developing Playground

Courts Should Make Every Endeavour To Dispose A Case On Merits Rather Than On Default: Kerala High Court

Trial Courts Should Pass Speaking Orders In Main Case & Counter-Case, Refrain From Dismissing Counter Cases On Flimsy Grounds: Kerala High Court

Courts Duty Bound To Consider All Contentions Raised By Parties While Deciding Bail Applications: Karnataka High Court

Karnataka High Court Acquits Woman Accused Of Murdering Her Two Months Old Child By Throwing In River

Increment Earned For Past Period Can’t Be Denied Merely Because Employee Had Retired When It Became Payable: Gujarat High Court

Bottles For Sample Collection Not Cleaned On Spot: Gujarat High Court Upholds Acquittal For Alleged Offences Under Food Adulteration Act

Kerala Education Rules | Only State-Authorised Officer Empowered To Extend Higher Secondary School Teachers’ Suspension Beyond 15 Days: High Court

S.19(2) Food Adulteration Act | Vendor Not Liable For Articles Purchased From Manufacturer With Written Warranty: Gujarat High Court