IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.REF.No. 9 of 2008()
1. SUO MOTU
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SUO MOTU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/11/2008
O R D E R
R.BASANT, J.
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Crl.Ref.No.9 of 2008
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Dated this the 4th day of November 2008
O R D E R
S.T.No.1352/2006 is a prosecution under Section 138 of the
Negotiable Instruments Act and the same was pending before
the learned J.F.C.M-I, Nadapuram. That case was ordered to be
transferred to the court of the Munsiff, Nadapuram consequent
to conferment of Magisterial powers of this court by notification
under Section 11(3) Cr.P.C. C.C.No.25/08 pending before the
learned J.F.C.M-I, Mannarkkad was a case which was in the
nature of a counter case to the said S.T.No.1352/2006. An
application was filed before this court as Tr.P.Crl.No.41/08
praying that the case and the counter case may be directed to be
tried together. That application was allowed by this court as per
order dated 30/6/2008. C.C.No.25/08 pending before the
learned J.F.C.M-I, Mannarkkad was ordered to be transferred to
the Munsiff Court, Nadapuram where S.T.No.1352/2006 was
pending. After transfer the same was renumbered as
S.T.No.120/08. When the order of transfer was received, the
learned Munsiff, Nadapuram who has now magisterial powers
also has addressed this court through the District and Sessions
Crl.Ref.No.9/08 2
Judge to apprise this court of the practical difficulties involved in
the order of transfer. The learned Officer entertains a doubt
whether he, on whom, magisterial powers has been conferred
under Section 11(3) Cr.P.C, is competent to try cases instituted on
police report. He expresses the further difficulty that there is no
Prosecutor attached to his court and trial of a case instituted on
police report would become difficult and cumbersome before that
court.
2. On receipt of that letter from the Munsiff, Nadapuram
through the District and Sessions Judge as ordered by the Judge in
charge of the District Judge, this reference has been registered.
The registry was directed to put up all the details. Magisterial
powers are seen conferred on the Munsiff, Nadapuram as per
Annexure A order dated 4/3/2005. That order clearly shows that
“the powers of the Judicial Magistrate of First Class” are conferred
on the Munsiff, Nadapuram. It is further reported that powers
under Section 260(1) to conduct summary trials is also conferred
on the Munsiff, Nadapuram.
3. I do not find any merit in the first grievance raised. All
the powers of a Judicial Magistrate of First Class are seen
conferred on the Munsiff, Nadapuram as per Annexure A
notification of the High Court issued under Section 11(3) Cr.P.C.
Crl.Ref.No.9/08 3
Therefore, that Munsiff, who is conferred with Magisterial powers
under Section 11(3) Cr.P.C, is legally competent to dispose of not
only private complaints; but also cases instituted on police reports.
The said doubt expressed by the Munsiff, Nadapuram is hence of
no consequence. Of course, by Annexure B notification, there
was a direction to transfer the old cases under Section 138 of the
Negotiable Instruments Act and other private complaints from the
Judicial First Class Magistrate Courts of Vadakara and Nadapuram
to the Munsiff Court of Nadapuram. Munsiff was conferred powers
of Judicial Magistrate of First Class under Section 11(3) Cr.P.C as
per Annexure A. Annexure B is a consequent order transferring
cases to such Munsiff who has already been invested with powers
of a Judicial Magistrate of the First Class under Section 11(3)
Cr.P.C. The fact that Annexure B order refers only to transfer of
complaints under Section 138 of the Negotiable Instruments Act
and other private complaints does not, in any way, militate against
the competence of the Munsiff, Nadapuram under Annexure A
notification to deal with all criminal cases including cases
instituted on police report.
4. But the latter grievance raised does appear to be
correct. This was not brought to the notice of this court when
Tr.P.Crl.No.41/08 was disposed of on 30/6/2008. In the Munsiff’s
Crl.Ref.No.9/08 4
court, Nadapuram which has been conferred Magisterial powers
under Section 11(3) Cr.P.C, there is no Prosecutor attached. If a
police case is transferred to that court, therefore inconvenience
and difficulties may arise. In this view of the matter, I am satisfied
that this reference is to be answered by giving appropriate
directions.
5. In the result, the following directions are issued in this
reference.
i) Both cases – S.T.No.120/08 pending before the Munsiff
Court as also CC.No.25/08 which has been transferred to the
Munsiff Court, Nadapuram from the file of the J.F.C.M,
Mannarkkad (number of the case after re-numbering by the
Munsiff, Nadapuram is not available) shall both be transferred to
the court of the J.F.C.M-Nadapuram who shall dispose of both
cases as expeditiously as possible.
ii) The Munsiff, Nadapuram shall transmit the records to
the learned J.F.C.M-I, Nadapuram forthwith.
6. The learned counsel for both sides are present before
court. They shall direct the parties to appear before the learned
J.F.C.M-I, Nadapuram on 01/12/2008 to continue the proceedings.
(R.BASANT, JUDGE)
jsr
Crl.Ref.No.9/08 5
Crl.Ref.No.9/08 6
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008