Report Of The Sessions Judge vs Unknown on 8 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL REF No. 11 of 2007()



1. REPORT OF THE SESSIONS JUDGE,TRIVANDRUM
                      ...  Petitioner

                        Vs

1. .
                       ...       Respondent

                For Petitioner  :.

                For Respondent  :.

The Hon'ble MR. Justice R.BASANT

 Dated :08/08/2007

 O R D E R
                                R.BASANT, J
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                        Crl.Ref.No.11 of 2007
                        -------------------------------------
                Dated this the 8th day of August, 2007

                                    ORDER

This Criminal reference is registered on the basis of a letter

received from the learned Sessions Judge, Thiruvananthapuram. The

learned Sessions Judge, Thiruvananthapuram has in the letter of

reference reported to the Court an inadvertent error committed by the

then Sessions Judge in having recalled a Sessions Case from one

additional court to another ignoring and overlooking the stipulation

that powers unde rSection 409(2) Cr.P.C cannot be invoked when the

trial has already commenced.

2. Sessions Case No.850 of 2000 was pending before

Additional Sessions Court (Adhoc-II)Thiruvananthapuram. PW1 was

examined and PW2 was examined in part. Exts.P1 & P1(a) had been

marked also. That is a prosecution for offences punishable, inter alia,

under Section 307 I.P.C. At that stage, it was realised that there were

74 accused persons and many witnesses had to be examined.

Identification of 74 accused persons in the court of the Additional

Sessions Court(Adhoc-II), Thiruvananthapuram was found to be

difficult and impossible. It was hence that the Judge concerned made

a request to the learned Sessions Judge. Finding the request to be

Crl.Ref.No.11 of 2007 2

absolutely reasonable, the learned Sessions Judge invoking the

powers under Section 409(1) Cr.P.C withdrew the case from the

Additional Sessions Court (Adhoc-II), Thiruvananthapuram and made

it over to the second Additional Sessions Judge, Thiruvananthapuram.

When the matter reached the second Additional Sessions Judge,the

said Judge found the order to be not in conformity with the provisions

of Section409(2) Cr.P.C. That was brought to the notice of the learned

Sessions Judge. That prompted the learned Sessions Judge to make

the reference in question.

3. The course adopted by the learned Sessions Judge initially

is certainly not correct. However, I am satisfied that the said

error/inadequacy can be cured and corrected by issuing an

appropriate direction under Section 407 Cr.P.C and/or 482 Cr.P.C

transferring the case and directing the learned Second Additional

Sessions Judge, Thiruvananthapuram to continue with the trial and

dispose of SC.No.850/2000 on merits and in accordance with law. This

Crl.Reference is answered accordingly. The second additional Sessions

Judge is directed to continue with the trial and dispose of the case

according to law.

(R.BASANT, JUDGE)
rtr/-

Crl.Ref.No.11 of 2007 3