IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 25TH OCTOBER 2007 / 3RD KARTHIKA 1929 Crl.MC.No. 4389 of 2001 ------------------------------- CR.MP(TP).1061/2001 OF SESSIONS COURT, TRIVANDRUM ..................................... PETITIONERS/PETITIONERS ---------------------------------------- 1. REMAKANTHAN, S/O. KUTTAN, BOUNDARY MUKKU ROADARIKATHU HOUSE, KOTTAKAKOM MURI, ARYANAD VILLAGE. 2. RAJENDRAN, S/O. KRISHNANKUTTY, THARIARKUNJU THADATHARIKATHU VEEDU, KOTTAKAKOM MURI, ARYANAD VILLAGE. BY ADV. SRI.K.SATHEESH KUMAR SRI.T.A.UNNIKRISHNAN RESPONDENTS/CR. PETITIONER ---------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.K. SURESH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CMP NO. 3594/2001 IN CR MC NO. 4389/2001. DISMISSED 25/10/2007. SD/- K.R.UDAYABHANU, JUDGE. True copy tga K.R. UDAYABHANU, J. ====================== CRL.M.C.NO. 4389 OF 2001 ======================== DATED THIS THE25TH OCTOBER 2007 ORDER The petitioners who are accused in S.T.No.166/2000 in the Court of Judicial First Class Magistrate-II, Nedumangad has sought for the same transferred to the court in which court S.C.No.850/2000 with respect to the offence including Section 307 I.P.C. and Section 3 (2) (c) of the P.D.P.P.Act is pending in which the petitioners are also accused. I find that the Sessions Judge as per order dated 7-6-2001 has rightly dismissed the application as no Court of Sessions can take cognizance of an offence as a court of original jurisdiction, unless the case has been committed to it by a Magistrate as provided under Section 193 Cr.P.C. Hence, without committal S.T.No.166/2000 cannot be transferred to the file of the Assistant Sessions Court. I find there is no merit in the petition. The criminal miscellaneous case is dismissed. ks. K.R.UDAYABHANU, JUDGE CRMC -2- K.R.UDAYABHANU, J CRL.M.C.NO. 4389 OF 2001 ORDER 25-10-2007