IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 CRL.REF.No. 11 of 2008() ------------------------ CP.6/2008 of J.M.F.C.,KOTTAYAM .................... REGISTERED SUO MOTU AS PER THE REQUEST FROM THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTAYAM THIS CRIMINAL REFERENCE HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.Ref.No. 11 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 O R D E R This reference has been registered on the basis of a communication from the Sessions Judge, Kottayam, who had forwarded a letter dt.25.10.2008 of the Addl. Sessions Judge (Adhoc-II), Kottayam. 2. Cognizance has been taken on the basis of a final report alleging offences punishable under Sections 56(b) and 57(a) of the Kerala Abkari Act. The learned Addl. Sessions Judge appears to have felt that as both offences are not triable exclusively by a court of Sessions, the order of committal is illegal and against law. Hence this communication has been addressed to this Court to quash the order of committal in O.P. 6 of 2008 on the file of the J.F.M.C.-I, Kottayam. 3. I fail to understand why the order of committal should be quashed. Of course, it is a wrong order. The offences being not triable exclusively by a Court of Sessions, the order of Crl.Ref.No. 11 of 2008 2 committal should not and need not have been passed. But the same having already been passed, the Sessions Court has ample jurisdiction under Section 228 Cr.P.C. to hold that no offence exclusively triable by a Court of Sessions is revealed and therefore can proceed to take appropriate action under Section 228 Cr.P.C. It was certainly not necessary to have made a reference to this Court with a prayer to quash the order or committal. 4. This Reference is answered accordingly. The learned Addl. District and Sessions Judge, (Adhoc-II), Kottayam shall take appropriate decision under Section 227/228 Cr.P.C. Communicate the order to the Sessions Court, Kottayam and the Addl. Sessions Court (Adhoc-II), Kottayam forthwith. (R. BASANT) Judge tm