IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Crl.MC.No. 3164 of 2009 --------------------------------------- SC.48/2003 of ASSISTANT SESSIONS COURT, PAYYANNUR .................... PETITIONER/ACCUSED NO.5: KUTTIKOL PRAVEEN @ PRAMOD, S/O.LATE NARAYANAN, AGED 36 YEARS, KUTTIKOL HOUSE, VELLICHANGOL, PATTUVAM AMSOM, DESOM, PATTUVAM, KANNUR DISTRICT. BY ADV. SRI.P.BABU RESPONDENTS/DEFACTO-COMPLAINANT/INJURED/A1-4&6-10: 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KUNHIKANNAN.M., MAKOOTAN HOUSE, PATTUVAM AMSOM, ARIYIL DESOM, KOLAKKAT VAYAL, PATTUVAM, TALIPARAMBA TALUK. 3. GOPINATHAN.M., S/O.KUNHIKANNAN, DO. DO. 4. NEELANKOL CHANDRAN, S/O.GOVINDAN, MURIYATHODU, PATUVAM AMSOM DESOM. 5. NEELANKOL KRISHNAN, S/O.GOPALAN, DO. DO. 6. KUTTIKOL KARUNAKARAN, S/O.KORAN, MURIYATHODU, PATTUVAM AMSOM, DESOM. 7. KUTTIKOL NARAYANAN, S/O.KORAN, DO. DO. 8. THAZHA VEETIL SATHEESAN, S/O.KRISHNAN, KAVUNKAL, PATTUVAM AMSOM DESOM. 9. MEETHALE VEETIL VASU @ VASUDEVAN, S/O.KRISHNAN, DO. DO. 10. PARAYATHIL PRABHAKARAN, S/O.NARAYANAN, DO.DO. 11. PARAYATHIL RAJESH, S/O.NARAYANAN, DO. DO. 12. HARI @ SURESH, S/O.KUNHIRAMAN, MURIYATHODU, PATTUVAM AMSOM, ARIYIL DESOM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3164 of 2009 -------------------------- ORDER As per order in C.P.No.122/2001 the case as against nine accused, except the fifth accused, who is the petitioner herein, was committed to the Sessions Court by Judicial First Class Magistrate, Taliparamba and taken cognizance by Sessions Judge and made it over to Assistant Sessions Court, Payyannur as S.C.No.48/2003 for the offences under Sections 143, 147, 148, 452, 307 and 427 read with Section 149 of Indian Penal Code. By Annexure-IV judgment, all those accused were acquitted. Even though, the case as against the petitioner was not committed and therefore, petitioner was not an accused in S.C.No.48/2003, under the misapprehension that he is also an accused in S.C.No.48/2003, petitioner filed B.A.No.2569/2006 before this Court. By Annexure-I order, without taking note of the fact that the case as against the petitioner CRMC 3164/09 2 was not committed, petitioner was directed to appear before the Assistant Sessions Court and the Assistant Sessions Judge was directed to release the petitioner on bail. As directed, petitioner appeared. But, as his case was not committed, learned Assistant Sessions Judge could not try him or acquit him. So long as the case as against the petitioner was not committed, Assistant Sessions Judge has no jurisdiction to try the petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case pending against him before Assistant Sessions Court and that too, on a misapprehension that the case as against him was not split up at the committal stage. When the case as against him was split up by the Magistrate and there was no committal of that case as against the petitioner to the Sessions Court, petitioner cannot get the relief sought for. 2. In such circumstances, remedy of the petitioner is to appear before Judicial First Class CRMC 3164/09 3 Magistrate's Court, Taliparamba. On his appearance, Judicial First Class Magistrate to commit the case as against the petitioner to the Sessions Court and it is for the Assistant Sessions Judge, thereafter, to try the case. If petitioner surrenders before Judicial First Class Magistrate and applies for bail, learned Magistrate to pass appropriate order in accordance with law, considering the fact that after recording evidence, all the other co-accused were acquitted and petitioner was also released on bail earlier. Petition is disposed. 1st October, 2009 (M.Sasidharan Nambiar, Judge) tkv