IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 834 of 2010()
1. M.RADHAKRISHNAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/04/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.834 OF 2010
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Dated this the 7th day of April,2010
ORDER
Petitioner is the first accused in
S.C.1410/2009 on the file of Assistant Sessions
Court, Thiruvananthapuram taken cognizance on
Annexure B order of committal passed by the
Additional Chief Judicial Magistrate’s Court,
Thiruvananthapuram. This petition is filed
under section 482 of the Code of Criminal
Procedure to quash the order of committal
contending that the offences alleged are not
exclusively triable by the Sessions Court as on
the allegations offences under sections 6 and 7
of Immoral Traffic (Prevention) Act are not
attracted.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
Crl.M.C.834/2010 2
3. Annexure B order passed by Additional
Chief Judicial Magistrate shows that the case was
committed for the reason that the sentence provided
for the offences under section 6 and 7 is
imprisonment of not less than seven years, which
may extend to life or for a term of 10 years and
therefore the case is to be exclusively tried by
the Sessions Court. The argument of the learned
counsel is that on the allegations raised offences
under sections 6 and 7 are not attracted and when
the other offences are not exclusively triable by
the Sessions Court the order of committal is
illegal.
4. Learned Sessions Judge is bound to consider
and decide which are the offences attracted, on
hearing the Public Prosecutor as well as the
counsel appearing for the accused and perusing the
records produced by the prosecution, as provided
under section 227 of Code of Criminal Procedure.
If on such consideration learned Sessions Judge
finds that offence under section 6 and 7 of
Crl.M.C.834/2010 3
Immoral Traffic (Prevention) Act, 1956 are not
attracted and only offences under section 3 and 4
are attracted necessarily as provided under section
227(a) of Code of Criminal Procedure learned
Sessions Judge has to transfer the case for trial
to the Chief Judicial Magistrate. Therefore the
question whether the offences under sections 6 and
7 are attracted or not is to be considered by the
learned Sessions Judge. Granting liberty to the
petitioner to raise the contentions, petition is
disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006