IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 CRL.REF.No. 4 of 2009() ----------------------- CP.110/2006 of J.M.F.C.-III,NEYYATTINKARA SC 591/2007 OF THE ASSISTANT SESSIONS COURT, NEYYATTINKARA .................... BETWEEN SUO MOTU AND STATE OF KERALA PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL. REFERENCE No. 4 OF 2009 --------------------------------- Dated this the 1st day of April, 2009 O R D E R This reference has come on the basis of a report submitted by the Sessions Judge, Thiruvananthapuram in S.C. 591/2007. The said case was pending before the Judicial First Class Magistrate court-III, Neyyattinkara as C.P. 110/2006. The learned Judicial First Class Magistrate Court -III, Neyyattinkara by its order dated 3.2.2007 committed the case of all the accused except A1 and A8. The matter reached the Sessions Court which was numbered and made over to the Assistant Sessions Judge, Neyyattinkara for disposal. At the time a report was filed by the Judicial First Class Magistrate Court- III, Neyyattinkara reporting the fact that in fact really it was A11 and A8 who did not turn up and not A1 and A8 as said in the committal order. This necessitated the reference by the learned Sessions Judge. The learned Sessions Judge has requested this court to pass and give necessary direction to the Judicial First Class Magistrate Court-III, Neyyattinkara to pass appropriate fresh committal order. A perusal of the committal order with the subsequent report by the Crl.Reference No. 4/2009 -2- concerned Magistrate and as reported by the Sessions Judge, Thiruvananthapuram would reveal, the committal has been made of an accused who was not before the court at all which strikes at the root of the very committal order. Therefore I set aside the committal order passed by the Judicial First Class Magistrate Court -II, Neyyattinkara and direct him to pass fresh committal orders in accordance with law. The reference is answered accordingly. M.N. KRISHNAN, JUDGE vkm