IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 834 of 2010(F) ------------------------------------ (S.C. NO. 1410/09 OF THE ASSISTANT SESSIONS COURT, THIRUVANANTHAPURAM, C.P.NO.47/09 OF THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM) .......... PETITIONER/IST ACCUSED: ---------------------------------------- M.RADHAKRISHNAN NAIR, S/O.MADHAVAN PILLAI, AAYILLYAM, CHALAKUZHI ROAD, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. MR.M.SREEKUMAR. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.834 OF 2010 =========================== 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. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006