Quashed

Suo Motu, v. State of Kerala

Kerala HC15 Dec 2022Crl.RC/2/2017

Case brief

AI extract

What is this about?

The High Court held that offences under Section 55(d) and (e) of the Kerala Abkari Act are triable by Magistrates as the penalty does not exceed one year imprisonment. Consequently, the erroneous committal order by the Judicial First Class Magistrate to the Sessions Court was set aside.

What did the court decide?

The order of committal dated 05/08/2014 setting aside is quashed. The Magistrate directed to proceed with the case and re-transmit records to him.

Suo Motu, Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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THURSDAY, THE 15^TH DAY OF DECEMBER 2022/24TH AGRAHAYANA, 1944

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CRL.RC NO. 2 OF 2017

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AGAINST THE ORDER/JUDGMENT IN SC 572/2014 OF SUB COURT, TIRUR CP 48/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR

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ACCUSED:

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SUO MOTU, PROCEEDINGS ON A COMMUNICATION RECEIVED FROM THE DISTRICT AND SESSIONS JUDGE, MANJERI REGARDING WRONG COMMITTAL IN CP 48/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, TIRUR.

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BY ADV X

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COMPLAINANTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR.

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2 SRI. KRISHNAN, S/O. VELAYUDHAN, KANNAMBALLI HOUSE, MOORKKANAD AMSOM DESOM, MARAKKARA, TIRUR.

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SRI P G MANU-SR PP

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THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 15.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.R.C. No. 2 of 2017

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..2..

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O R D E R

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Dated this the 15^th day of December, 2022

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This Crl.R.C. has been registered suo motu on the basis of a communication received from the District and Sessions Judge, Manjeri regarding wrong committal of C.P.No.48/2014 by the Judicial First Class Magistrate Court -I, Tirur.

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A crime was registered by Kuttippuram Excise Range Office as Crime No.10/2014 for the offences punishable under Section 55(d) and (e) of the Kerala Abkari Act. After investigation, final report was filed before the Judicial First Class Magistrate Court -I, Tirur. The learned Magistrate took cognizance of the offence and committed the case to the Sessions Court as per the committal proceedings dated 05/08/2014 on the mistaken notion that offence is triable by the Sessions Court. When the wrong committal was noticed, the learned Sessions Judge of Manjeri made a communication to this court.

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I have heard Sri.P.G.Manu, the learned Senior Public Prosecutor. Even though notice has been served to the accused, there is no appearance.

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The offence under Sections 55(d) and (e) of the Kerala Abkari Act is punishable with imprisonment for a term which may extend to one year or with fine which may extend to Ten thousand

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Crl.R.C. No. 2 of 2017

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..3..

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rupees or with both. As per the First schedule II of Cr.P.C. If the offence is punishable with imprisonment for less than three years or with fine only, the case is triable by any Magistrate. Hence the case is not exclusively triable by the Sessions Court. Thus, the committal done by the learned Magistrate is erroneous.

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Accordingly, the order of the learned Magistrate in C.P. No. 48/2014 dated 05/08/2014 committing the case to Sessions Court is hereby set aside. The learned Magistrate shall proceed with the case in accordance with law. The learned Sessions Judge is directed to re-transmit the entire case records to the learned Magistrate.

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Crl.R.C. is disposed of as above.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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APA

Suo Motu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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