Accused challenged a Magistrate's order refiled committing their case to Sessions on the ground that Section 77 JJ Act offence is sessions-triable; the High Court found reasons were recorded under Section 323 Cr.P.C. and dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945
CRL.MC NO. 1694 OF 2024
CRIME NO.39/2017 OF Kasaba Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT CP 59/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -III,KOZHIKODE
PETITIONERS
1RINAS
AGED 28 YEARS
S/O HASSAN, KUTTUNGAL PARAMBA HOUSE, PARAPPIL, KALLAI
P.O, KOZHIKODE, PIN - 673003
2SAJI KUMAR
AGED 46 YEARS
S/O KUTTAYI, PILATHARA PARAMBA HOUSE, KADAMPUZHA,
MALAPPURAM, PIN - 676553
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANJU R S.
ABIN BENNY
K C MOHAMED RASHID
BIJITHA B. BOSE
RESPONDENTS/STATE/COMPLAINANT
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 STATION HOUSE OFFICER STATION HOUSE OFFICER, CUSBA POLICE STATION, KOZHIKODE DISTRICT, PIN - 673004OTHER PRESENT:
PP-SRI.PRASANTH M.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C. No. 1694 of 2024
O R D E R
This Crl.M.C is filed by accused Nos.1 and 2 in C.C.No.103/2017 (Crime No.39/2017 of Kasaba Police Station, Kozhikode, under Sections 118(i) of KP Act and Section 6 and 24(1) of the Cigarettes and Other Tobacco Products Act, 2003) impugning the order of the learned Magistrate dated 16.11.2023, by which the case was refiled as C.P. No.59 of 2023, for committing it to the court of Sessions. Learned Magistrate was of the view that since an offence under Section 77 of Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’ for short) was also alleged, it is triable by a Court of Sessions, and hence the case has to be committed for trial.
charged under Section 77 of JJ Act also. But it seems that, the learned Magistrate without noticing the fact that, Section 77 of JJ Act was triable by a Court of Sessions, took cognizance of the offence as C.C.No.103/2017 and proceeded with the trial. Learned counsel for the petitioner would submit that prosecution evidence in C.C No.103/2017 is already over.
Crl.M.C. No. 1694 of 2024
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Section 323 of Cr.P.C. reads as follows:
“323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.
If, in any enquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall commit it that court under the provisions hereinbefore contained [and thereupon the provisions of Chapter XVIII shall apply to the commitment so made].”
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Crl.M.C. No. 1694 of 2024
to try that case, it has to be committed for the purpose of which the case was refiled as C.P No.59 of 2023.
So, this court finds no irregularity or impropriety in that order, warranting interference by this Court. Hence, this Crl.M.C is dismissed.
Sd/-
SOPHY THOMAS
JUDGE
smm
Crl.M.C. No. 1694 of 2024
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APPENDIX OF CRL.MC 1694/2024
PETITIONER ANN |
EXURES |
|---|---|
Annexure A |
A TRUE COPY OF THE FIR IN CRIME NO.39OF 2017 DATED 12.01.2017 OF CUSBAPOLICE STATION, KOZHIKODE |
Annexure B |
A TRUE COPY OF THE FINAL REPORT INCRIME NO.39 OF 2017 IN CUSBA POLICESTATION DATED 24.01.2017 |
Annexure C |
A CERTIFIED COPY OF THE ORDER DATED16.11.2023 PASSED BY THE JUDICIALFIRST CLASS MAGISTRATE COURT-III,KOZHIKODE |
Colour shows how this judgement treated each authority
Kuthiralamuttam Saji and others v. State of Kerala and anotherRelied on
(2023/KER/64242)
4 provisions across 4 enactments
Rinas
Saji Kumar
State of Kerala represented by Public Prosecutor, High Court of Kerala
Station House Officer, Kasaba Police Station, Kozhikode
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sophy Thomas
Parties & counsel