IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 CRL.REF.No.5 of 2009 ------------------------- CP.333/2005 of J.F.C.M-III,NEYYATTINKARA S.C.No.1794/2006 OF ASST. SESSIONS COURT, NEYYATTINKARA .................... SUO MOTU PARTIES: ---------- 1. STATE OF KERALA. 2. AJITH @ ALI, S/O. CHELLAPPAN, AGED 28, VARUVILAKATHU VEEDU, TP. VII/283, PARAVILA, PACHALLOOR DESOM, THIRUVALLOM VILLAGE. 3. SAIDU. BY MR. AMJAD ALI, PUBLIC PROSECUTOR. THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ----------------------------------------- Criminal Reference No.5 OF 2009 ----------------------------------------- Dated this the 8th day of April, 2009. O R D E R This reference has come up before this Court on a report sent by the Sessions Judge, Thiruvananthapuram in C.P.No.333/2005 on the file of the Judicial First Class Magistrate-III, Neyyattinkara pending as S.C.No.1794/2006. 2. The subject matter is to the effect that the order of committal is passed by the court against the 1st accused where as it should have been really against the 11th accused. A perusal of the report would reveal that it is a mistake. Therefore, the order of committal requires to be quashed and therefore, it is quashed and the matter is remitted back to the Judicial First Class Magistrate-III, Neyyattinkara for proper consideration and committal in respect of the 11th accused. This Criminal Reference is disposed of accordingly. M.N. KRISHNAN JUDGE smp M.N.KRISHNAN, J. Crl. Reference No.5 OF 2009 O R D E R 08.04.2009