News > Power to acquit accused can't be invoked by DM u/s 133: Kerala HC

Power to acquit accused can't be invoked by DM u/s 133: Kerala HC

Kerala High Court held that the Executive Magistrate, Sub-Divisional Magistrate or District Magistrate cannot acquit an accused under Section 256 CrPC while invoking powers under Section 133 to 138 of CrPC by issuing conditional orders for the prevention of nuisance. Justice P V Kunhikrishnan also clarified that the Section 133 proceeding was based on a police report or other information, but not based on a complaint.