IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL REF No. 16 of 2007()
1. REPORT OF ADDL.DISTRICT & SESSIONS
... Petitioner
Vs
1. STATE OF KERALA.
... Respondent
For Petitioner :.
For Respondent :.
The Hon'ble MR. Justice R.BASANT
Dated :01/12/2007
O R D E R
R.BASANT, J.
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Crl.Ref.No.16 of 2007
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Dated this the 1st day of December 2007
O R D E R
This reference has been registered on the basis of a report
dated 18/7/2007 received from the Additional District & Sessions
Judge (Adhoc -III), Kollam through the Principal Sessions Judge,
Kollam. Crime No.227/1998 was registered by the Kottarakkara
police station against nine accused persons on the allegation that
they had committed offences punishable under the Kerala Abkari
Act. Final report has been filed and cognizance was taken by the
learned Judicial First Class Magistrate Court-I, Kottarakkara.
Committal proceedings C.P.343/2000 was registered. Accused 3
and 7 alone appeared before court and the case against them
was committed before the court of Sessions. The same was
taken on file as S.C.No.1553/03. Case against all the other
accused was refiled before the learned Magistrate as
C.P.No.338/03.
2. Thereafter accused No.5 appeared before the learned
Magistrate and the case against him was committed to the court
of Session. The same was numbered as S.C.No.616/2004 and the
Crl.Ref.No.16/07 2
case against the remaining accused was refiled as
C.P.No.1/2004.
3. At that stage, the sixth accused appeared before the
learned Magistrate and after complying with all the formalities
the case against him was committed to the court of Session. But
while passing the order of committal, erroneously it was
recorded that both Accused 1 and 6 had appeared before the
court and the case against them has been committed to the
Court of Session. The case against the remaining accused was
refiled as C.P.No.140/2004. The case against accused 1 and 6
was registered as S.C.No.1097/2004.
4. In the course of preliminary hearing in
S.C.No.1097/04 it occurred to the learned Additional District &
Sessions Judge (Adhoc -III), Kollam that the first accused had not
appeared before the learned Magistrate and erroneously order of
committal was passed describing that both accused 1 and 6 have
been committed to the court of Session. The first accused had
not appeared at all and only the sixth accused had appeared
before the learned Magistrate. As the error cannot be corrected
by the court of Session, the matter has been reported to this
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court.
5. I am satisfied that necessary orders can be passed to
reverse the error committed.
6. This criminal reference is hence answered. The order
of committal on the basis of which S.C.No.1097/2004 is set aside
in so far as it relates to the first accused. S.C.No.1097/2004
shall now continue so far as the sixth accused alone is
concerned. The learned Magistrate shall make necessary
corrections in the order of committal and shall proceed against
the first accused also in C.P.No.140/2004. Compliance shall be
reported to the learned Sessions Judge by the learned
Magistrate. The learned Sessions Judge shall ensure that all
necessary corrections are made out in all the relevant records at
the Sessions Court and the Court of the learned Magistrate.
7. This Criminal Reference is accordingly answered.
(R.BASANT, JUDGE)
jsr
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Crl.Ref.No.16/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007