9911796707
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Issues:
1. Prematurity of the prosecution against the accused for harboring an offender under Section 207 of the Travancore Penal Code. Analysis: The judgment pertains to an application for revision of an order by the First Class Magistrate overruling an objection raised by the accused regarding the premature prosecution against him for harboring an offender. The accused contended that since the offender in question had not been apprehended, tried, or convicted in the pending cases against him, the prosecution was premature. The Magistrate, however, proceeded with the enquiry, prompting the revision application. The applicant sought a stay on the enquiry until after the trial of the offender, citing precedents to support the request for a stay. The court referred to previous cases, such as Palani Goundan v. Emperor and Pariahan Singh v. Emperor, where it was held that no prosecution for harboring an offender can be launched until the offender has been convicted of the alleged offence. The court emphasized the importance of proving that the harbored individual is indeed an offender before prosecuting for harboring. Consequently, the court ordered a stay on the trial against the petitioner until after the disposal of at least one of the cases involving the concerned offender.
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