Suo Motu vs State Of Kerala
2022 Latest Caselaw 9271 Ker

             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