IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 CRL.REF.No.6 of 2009 ------------------------- C.P.No.117/2006 OF J.F.C.M COURT II, NEDUMANGAD S.C.No.2186/2006 OF ASST. SESSIONS COURT, NEDUMANGAD ........ SUO MOTU PARTIES: ---------- 1. STATE OF KERALA. 2. AJI, LAKSHOM VEEDU No.T.P.3/242, KULAMAMKODE, CHITTUVEETTU MURI, THOLICODE VILLAGE. 3. SANTHOSH, S/O.BALAN KANI, ANAKUZHY VEEDU, NAGARU VATTAPPAN KADU, ANAD MURI, THENNOOR VILLAGE. BY MR.GIKKU JACOB, PUBLIC PROSECUTOR. THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- Criminal Reference No.6 OF 2009 --------------------------------------- Dated this the 8th day of April, 2009. O R D E R This reference has come up for consideration on the basis of the report of Sessions Judge, Thiruvananthapuram. The request of the Sessions Judge is to set aside the committal order passed by the court below in C.P.No.117/2006 on the file of Judicial First Class Magistrate-II, Nedumangad against Santhosh who was really the absconding second accused in the charge sheet. 2. It can be seen that there were two accused in Crime No.5/2005; one by name Santhosh and the other by name Aji. The learned Magistrate took cognizance as C.P.No.117/2006 showing Santhosh as the first accused and Aji as the second accused. After taking cognizance Aji, who was shown as the second accused in the committal order, appeared. But, while passing the committal order, the learned Magistrate had committed the case against Santhosh who had not appeared. Therefore, the committal order has been passed against a wrong person and it requires interference. Crl. Reference No.6/09 2 Therefore, the order of committal passed by the Judicial Fist Class Magistrate-II, Nedumangad is set aside and the matter is remitted back to the said court for a proper committal order to be passed against Santhosh who was really the absconding accused. This Criminal Reference is disposed of accordingly. M.N. KRISHNAN JUDGE smp Crl. Reference No.6/09 3 M.N.KRISHNAN, J. Crl. Reference No.6 OF 2009 O R D E R 08.04.2009