IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 CRL.REF.No. 1 of 2008() ----------------------- SC.175/2007 of ADDL.DISTRICT COURT, THRISSUR .................... ON THE BASIS OF REFERENCE FROM THE ADDL.SESSIONS JUDGE, THRISSUR. PARTIES -------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.Ref.No.1 of 2008 = = = = = = = = = = = = = = Dated this the 22nd day of January, 2008 ORDER This Criminal Reference was registered on the basis of a report dated 1.10.07 received from the I Additional Sessions Judge, Thrissur. As per the said report, an irregularity had been committed by the Judicial First Class Magistrate Court, Kunnamkulam, while committing the case to the Sessions Court for trial. As per the orders passed by the Magistrate, while disposing of C.P.No.84/2004, one Pradeesh who was the absconding accused was committed to the Court of Sessions, Thrissur for trial and that case was numbered as S.C.No.538/2006. Actually the said Pradeesh was absconding and the other accused Shaju was regularly appearing before the committal court. But on account of an inadvertent oversight, the case against Shaju was split up and was re-numbered as C.P.No.67/2006 and subsequently that was also committed to the Court of Sessions and re-numbered as S.C.No.538/2006. The resultant position is that, it is the absconding accused who has been committed to the Court of Sessions. With regard to the Crl.Ref.No.1 of 2008 2 irregularity committed by the committal court in C.P.No.67/2006, this Court on a reference numbered as Crl.Ref.No.15/200, rectified the said defect. But the irregularity in C.P.No.84/2004 is still continuing and that is why the learned Sessions Judge has sent the present reference again to this Court. Since the Sessions Court cannot set aside the committal order in view of the decision State v. Baby (1981 KLT 27), the learned Sessions Judge has made a reference to this court under Section 395 Cr.P.C. In as much as the order of committal in C.P.No.84/2004 is bad, the order disposing of C.P.No.84/2004 is set aside and the Magistrate shall commit the aforementioned Shaji, who is the 2nd accused in C.P.No.84/2004 and the said case shall be disposed of afresh after rectifying the defect. This reference is answered accordingly. V. RAMKUMAR, JUDGE sj