IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 3313 of 2010() --------------------------------------- CP.8/2010 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED NO.8 & 9 ---------------------------------------------------- 1. SUBINA, AGED 33 YEARS, KALAYIDATH HOUSE, KULASEKHARAMANGALAM, VAIKOM, KOTTAYAM DISTRICT. 2. ALICE JOSEPH, AGED 48 YEARS, PUTHEN PARAMBIL HOUSE, ST.ALBERTS HIGH SCHOOL LANE, COCHIN-35. BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.VINOD B. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3313 OF 2010 --------------------------------------------- Dated 6th September, 2010 O R D E R Petitioners, the accused 8 and 9 in C.P.8/2010 on the file of Additional Chief Judicial Magistrate's Court, Ernakulam filed this petition under Section 482 of Code of Criminal Procedure to quash the cognizance taken on Annexure-III final report. Annexure-III final report was filed before Additional Chief Judicial Magistrate, Ernakulam alleging that the accused committed offences under Sections 120 B, 403, 468, 471 and 201 read with Section 34 of Indian Penal Code as well as Section 13(1)(d) of Prevention of Corruption Act, 1988. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. Crmc 3313/10 2 3. Learned Public Prosecutor submitted that learned Chief Judicial Magistrate cannot take cognizance of the offence under the Prevention of Corruption Act or commit the case to Sessions Court and in such circumstances, necessary orders may be passed. 4. As offence under Section 13(1)(d) punishable under Section 13(2) of Prevention of Corruption Act could be tried only by the Special Court, (Vigilance), Chief Judicial Magistrate cannot take cognizance of the offence or commit the case to the to the Sessions Court. Petition is disposed directing Additional Chief Judicial Magistrate, Ernakulam to return the final report to be presented before the proper court. It is made clear that if the final report is resubmitted without Crmc 3313/10 3 alleging the offence under the Prevention of Corruption Act, the learned Magistrate is competent to take cognizance of the offences. M.SASIDHARAN NAMBIAR, JUDGE. uj.