IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 CRL.REF.No. 8 of 2008() ------------------------------------- (C.P.NO.55/2006 OF JFMC – II, NEYYATTINKARA) REVISION PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------------------- LETTER FROM THE SESSIONS JUDGE, TVM BY SUO MOTU RESPONDENT: ----------------------- STATE OF KERALA . BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.Ref.No. 8 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2008 O R D E R This Criminal Reference has been registered on the basis of a communication dt. 6.5.2008 received from the Principal Sessions Judge, Trivandrum by the Registrar of this Court. In the said communication the learned Sessions Judge reports that a serious error has crept into the court proceedings. S.C. 331 of 2008 of the Sessions Court has been registered on the basis of an order of committal dt. 20.11.2007 in C.P. 55 of 2006. As a matter of fact, the case against the second accused, one Rajeev, and not the case against Justine Raj was sought to be committed. But on account of an error that was crept in, it was noted that the case against the first accused Justice Raj and not against the second accused Rajeev has been committed. On realising the error committed the matter was reported to the learned Sessions Judge, who in turn, has submitted this communication dt.6.5.2008 to this court. Crl.Ref.No. 8 of 2008 2 2. I am satisfied in these circumstances that the order of committal dt. 20.11.2007 in C.P. 55 of 2006 can be set aside and the learned J.F.C.M.-II, Neyyattinkara can be directed to pass appropriate fresh orders forthwith to ensure committal of the proper accused to the Court of Sessions. 3. This Criminal Reference is accordingly allowed. The order dt. 20.11.2007 in C.P. 55 of 2006 passed by the learned J.F.C.M.-II, Neyyattinkara is hereby set aside. Appropriate further action shall be taken by the learned Magistrate forthwith. The learned Sessions Judge shall also ensure that the needful is done to reverse the error that has been committed consequent to the wrong order of committal. (R. BASANT) Judge tm