IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
CRL.RC NO. 4 OF 2021
AGAINST THE ORDER/JUDGMENTCRMP 1435/2016 OF DISTRICT COURT &
SESSIONS COURT, PALAKKAD
CC 213/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,PALAKKAD
ACCUSED/S:
SUO MOTU
PROCEEDINGS INITIATED ON THE BASIS OF COMMUNICATION
RECEIVED FROM THE SESSIONS JUDGE, PALAKKAD DT.
26/08/2019.
BY ADV SUO MOTU
COMPLAINANT/STATE:
1 STATE OF KERALA
(BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA).
2 MANJULA BABY
W/O.KRISHNA S.GUPTHA, KAILAS, THRIPPALAMUNDA,
PARASSERY, KONGAD, PALAKKAD.
THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl. R C. No. 4 of 2021
..2..
ORDER
This suo moto Crl.R.C. has been initiated on the basis of a report submitted by the Sessions Judge, Palakkad.
2. S.C No. 213/2013 pending on the file of the Additional Sessions Court-V, Palakkad is a case involving offences punishable under Sections 341, 294(b), 324, 506(ii), 307 r/w 34 r/w 34 of the IPC. A counter case was pending at the Judicial First Class Magistrate's Court-II, Palakkad as CC No. 606/2012. The offences involved in the said case are punishable under Sections 341 and 354 of the IPC. CW1 in CC No. 606/2012 moved the Sessions Court, Palakkad seeking transfer of that case to the Additional Sessions Court-V, Palakkad to try along with SC No. 213/2013. The Sessions Court allowed the petition vide order dated 10.06.2016 transferring CC No. 606/2012 from the Judicial First Class Magistrate's Court-II, Palakkad to the Additional Sessions Court-V, Palakkad.
3. Apparently, the procedure adopted by the learned Sessions Judge is not in accordance with law. The case can only Crl. R C. No. 4 of 2021 ..3..
be committed by the Magistrate to the Sessions Court. The Sessions Court under the exercise of power under Section 408 of the Cr.P.C. cannot transfer a case triable by the Magistrate Court to the Sessions Court. When it was pointed out by the Sessions Judge, Palakkad to the Registrar General of this Court as per the letter dated 26.08.2019, this suo moto Crl. R.C. has been initiated as per the direction of the Hon'ble Chief Justice.
4. I have heard Smt. Neema, the learned Senior Public Prosecutor.
5. As stated already, the procedure adopted by the Sessions Court in transferring CC. No. 606/2012 to the Additional Sessions Court is not in accordance with law. Instead of transferring the case directly, the Sessions Judge ought to have directed the Magistrate to consider the request to commit the case to Sessions Court invoking Section 323 of the Cr.P.C.
6. Section 323 of the Cr.P.C., gives power to the Magistrate to commit a case to the Sessions Court if, in any inquiry into an offence or a trial before a Magistrate, it appears to Crl. R C. No. 4 of 2021 ..4..
him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Sessions.
In these circumstances, I am of the view that the order dated 10th June 2016 passed by the Sessions Court, Palakkad is not sustainable and accordingly it is set aside. The Additional Sessions Court-V, Palakkad is directed to send back the file, CC No. 606/2012 to the Magistrate. The learned Magistrate shall invoke Section 323 of the Cr.P.C., and pass appropriate orders in accordance with law.
The Crl.R.C. is allowed as above.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV