IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 CRL.REF.No. 9 of 2008() ----------------------- ST.1352/2006 of J.F.C.M, NADAPURAM RENUMBERED AS ST.NO.120/08 OF J.F.C.M-II (MUNSIFF) NADAPURAM .................... C.C.NO.25/08 OF J.F.C.M, MANNARKAD TRANSFERRED TO J.F.C.M-II, NADAPURAM (MUNSIFF'S COURT,NADAPURAM) PARTY STATE OF KERALA PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.Ref.No.9 of 2008 ---------------------------------------- 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