IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 CRL.REF.No. 5 of 2007() ----------------------- (ON THE BASIS OF THE REPORT OF THE SESSIONS JUDGE, MANJERI) (S.C.338 OF 2003 OF ADDL. SESSIONS JUDGE (ADHOC-I, MANJERI IN C.P. 71/03 OF J.F.C.M. PARAPPANANGADI) APPELLANT/ACCUSED. ------------------------ SUO MOTU PUBLIC PROSECUTOR C.M. NAZAR RESPONDENTS: ------------- 1. SHAJAHAN, S/O. KUTTIHASSAN MASTER, KACHINGAL PARAMBIL VEEDU, RAYIRIMANGALAM AMSOM DESON, TANUR, NADAKKAVU 2. SAINABA, W/O. KUTTIHASSAN MASTER KACHINGAL PARAMBIL VEEDU, RAYIRIMANGALAM AMSOM DESON, TANUR, NADAKKAVU 3. RAMLA, D/O. KUTTIHASSAN MASTER, KACHINGAL PARAMBIL VEEDU, RAYIRIMANGALAM AMSOM DESON, TANUR, NADAKKAVU 4. MUHAMMED SHAFFI, KACHINGAL PARAMBIL VEEDU, RAYIRIMANGALAM AMSOM DESON, TANUR, NADAKKAVU BY ADV. SRI.K.K.MOHAMED RAVUF THIS CRIMINAL REFERENCE HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. Reference No. 5 of 2007 * * * * * * * * * * * * * * * * * * Dated: 9th January 2008 ORDER This reference was initiated under Sec. 395 Cr.P.C. on the basis of a letter by the Addl. District & Sessions Judge, Manjeri. As per the said reference, the committal of C.P. Nos. 18 and 71 of 2003 by the J.F.C.M., Parappanangadi under Sec. 209 Cr.P.C. was bad since both the cases did not involve offences exclusively triable by a the Court of Session. Accordingly, this Court called for a report Addl. Sessions Judge , (Adhoc-I), as also a report from the from the committal court, namely, J.F.C.M., Parappanangadi. 2. The assumption that there was no offence exclusively triable by the court of Session in the aforesaid cases was wrong. In C.P. 18 of 2003, the offences which were alleged were arising out of a private complaint filed by one Roshni against four accused persons , the offences taken cognizance of were those punishable under Sections 498 - A, 506 (ii), 102 (B), 107 and 313 read with Sec. 34 I.P.C. Out of the above said offences, the offence punishable under Sec. 313 is exclusively triable by a Court of Session. In C.P. No. 71 of 2003 arising out Crime No. 186 of 2001 of Tanur Police Station the offences were those punishable under Sections 498 A, 323 and 506 (1) read with Sec. 34 I.P.C. The said case was committed to the Crl. Reference No. 5 of 2007 -:2:- Court of Session only because it was arising out of the same occurrence and C.P. 18 of 2003 had already been committed to the Court of Session and was pending as S.C. 338 of 2003. The committal of C.P. 71 of 2003 was under Sec. 323 Cr.P.C. for the reason that the said case arose out of the very same occurrence forming the subject matter of C.P. 18 of 2003. That is how C.P. 71 of 2003 after committal came to be registered as S.C. 339 of 2003. 2. The reference by the Addl. Sessions Judge, Manjeri arose out of a misapprehension that in none of the cases there are offences which are exclusively triable by a court of Session. But that assumption was wrong. Sec. 313 I.P.C. is one of the offences involved in C.P. 18 of 2003, and it is an offence exclusively triable by a court of Session. Hence the Magistrate was perfectly justified in committing C.P. No. 71 of 2003 also to the Court of Session in exercise of his power under Sec. 323 Cr.P.C., since that case, though not involving offences exclusively triable by a court of Session, arose out of the same occurrence forming the subject matter of C.P. 18 of 2003. Hence, no interference is called for and the Addl. Sessions Judge, Manjeri, shall proceed to try both the Sessions Cases expeditiously. This Crl. Reference is disposed of as above. V. RAMKUMAR, (JUDGE) Crl. Reference No. 5 of 2007 -:3:- ani.