Suo Motu v. State of Kerala
Case brief
What is this about?
In a suo motu revision, the High Court set aside the committal of an accused to the Session Court for an offence under Section 377 IPC, holding it triable by a First Class Magistrate.
What did the court decide?
5. The committal order dated 23.09.2020 in C.P.No.6 of 2020 dated 23.09.2020 in C.P.No.6 of 2020 of the learned Judicial First Class Magistrate-III, Kottayam, is set aside.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY,THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
CRL.R.C NO. 3 OF 2021
AGAINST THE ORDER DATED 23.09.2020 IN C.P.NO.6 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III, KOTTAYAM
(CRIME NO.205/2020 OF Kottayam West Police Station, Kottayam)
COURT ON ITS OWN MOTION:
SUO MOTU PROCEEDINGS ON THE BASIS OF A COMMUNICATION RECEIVED FROM DISTRICT JUDGE, KOTTAYAM REQUESTING FOR REVISION OF COMMITTAL ORDER DATED 23.09.2020 IN C.P.NO.6 OF 2020 OF THE JUDICIAL FIRST CLASS MAGISTRAOF COURT-III, KOTTYAM
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION (BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 0 31).
Issues for consideration
2 issues framed by the court
Whether a committal order dated 23.09.2020 for an offence punishable under Section 377 IPC to the Session Court was legally sustainable.
Whether Section 377 IPC is triable exclusively by the Court of Session or by a Magistrate of the First Class.
Parties & counsel
- petitioner
State of Kerala
- respondent
P.P. Thajudheen Musaliyar @ Thaju Mama
Coram
P.G. AJITHKUMAR
Case details
As recorded by the court registry
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