IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 CRL.REF.No. 8 of 2010() ----------------------- ( CRIME NO.10/2003 OF KASARAGOD POLICE STATION) S.C.NO.628/2005 OF THE ADDL.SESSIONS COURT (AD HOC-III), KASARAGOD C.P.NO.252/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGOD SUO MOTU AGAINST 1. MUHAMMED SHAFI @ PARA SHAFI, S/O.ABDULLA, PARA HOUSE, PATLA, PATLA VILLAGE, KASARAGOD. 2. M.H.BASHEER, S/O.HASSAINAR, BISMILLAH MANZIL, MADHUR, MADHUR VILLAGE. 3. M.MOIDEEN KUTTY, S/O.KOPPALAM ABDULLA, KOPPALAM HOUSE, MADHUR. 4. B.ASHARAF, S/O.ABDUL RAHIMAN, BOOD HOUSE, PATLA, PATLA VILLAGE. 5. FIROZ, S/O.MUHAMMED, PATLA HOUSE, PATLA VILLAGE. 6. M.P.SAMIR, S/O.ABDUL RAHMAN, MUMTAZ MANZIL, PATLA, PATLA VILLAGE. 7. NIZAMUDDEEN, S/O.MUHAMMED, MOGAR HOUSE, PATLA, PATLA VILLAGE. 8. STATE OF KERALA. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.Reference No.8 of 2010 ---------------------------------- Dated this the 21st day of July, 2010 ORDER The committal order passed by the Judicial Magistrate of the First Class-I, Kasaragod in C.P.No.252/2004 omitting to mention Section 307 I.P.C. is bad in law. The case arose out of Crime No.10/2003 of Kasaragod Police Station for offences punishable under Sections 143, 147, 148, 427, 341, 322, 324, 307 & 153(A) read with Section 149 I.P.C. and Sec.25(1)(b) of Arms Act, 1959. It was on account of the inclusion of Section 307 I.P.C that the Magistrate took the case on file as C.P.No.252/2004. However, while committing the case to the Court of Sessions under Section 209 Code of Criminal Procedure the learned Magistrate omitted to mention Section 307 I.P.C. which is exclusively triable by a Court of Session. It was an accidental oversight or an obvious Crl.Ref.No.8/2010 : 2 : clerical mistake. Accordingly, the committal order is set aside and C.P.No.252/2004 is restored to file with a direction to the Magistrate to pass revised orders in the said case. V.RAMKUMAR, JUDGE skj