This suo motu revision is registered on the basis of the letter dated 20.7.2010 of the Palakkad District Court, addressing the Registrar (Subordinate Judiciary), High Court of Kerala. The short facts which lead to the registration of the above revision petition is as follows :-

2. One Parameswaran, S/o.Krishnan, Pothuvar House, Vithinassery, Nemmara, Palakkad District, who is an accused in S.C.No.493/09, approached the Sessions Court, Palakkad Division by filing Crl.M.P.No.1264/10 with a prayer to transfer C.C.No.258/08 pending in the Court of Judicial First Class Magistrate-Alathur, the case in which he is the defacto complainant, for simultaneous trial along with S.C.No.493/09. According to the revision petitioner therein, the above two cases are related to the same incident and at the same time and place, in the same transaction.

3. On the filing of the above petition, the Sessions Court obtained a report from the police through the Public Prosecutor in which it is stated that C.C.No.258/08 pending before the Judicial First Class Magistrate-Alathur, is counter to S.C.No.493/09, pending before the Addl. Sessions Court (Ad hoc)-I, Palakkad. The said petition for transfer was not opposed by anybody. According to the learned Sessions Judge, the two cases, being case and counter, must be simultaneously tried and disposed by the same judge and since one case is pending in the Sessions Court, the other case pending before the Court of Magistrate, is liable to be transferred to the Addl. Sessions Court in exercising the powers u/s.408 of Cr.P.C. Accordingly, the learned Sessions Judge allowed the petition directing the Judicial First Class Magistrate-Alathur to transfer C.C.No.258/08 pending there, to the Court of Addl. Sessions Judge (Adhoc)-I, Palakkad, for simultaneous trial with S.C.No.493/09. Consequently, it is directed that the learned Magistrate shall transmit the records to the Court of learned Addl. Sessions Judge, Palakkad.

4. In pursuance of the above order of the learned Sessions Judge, the learned Magistrate issued two orders on 1.7.2010 in C.C.No.258/08. First order is as follows :

" Heard accused, reported counsel that Crl.M.P.1264/2010 dated 19.6.2010 of Honourable Sessions Judge, Palakkad, case transferred to Addl. Sessions Court, Palakkad. Hence send records to Honourable Addl. Sessions Court No.I, Palakkad."

The other order on the same day is as follows :-

" Converted as C.P.No.51/10. The case is transmitted to the Honourable Addl. Sessions Court (Fast Track Court) No.I, Palakkad, vide order in Crl.M.P.No.1264/2010 dated 19.6.2010 of Honourable Sessions Judge at Palakkad. Hence case committed to Honourable Addl. Sessions Court (Fast Track No.I) as directed."

5. Thus, against the above order of the learned Sessions Judge and the proceedings of the learned Magistrate, the Addl. District & Sessions Judge (Ad hoc-I), Palakkad, addressed the Registry of this court stating that, the learned Magistrate has simply converted the case into a committal proceedings and numbered as C.P.No.51/10 and transmitted the case to the Addl. Sessions Court, without the order of committal of this case to the Sessions Court, Palakkad, and thus it is a grave legal infirmity. Thus relying upon the decision of this court reported in State of Kerala Vs. Annamma & Ors. {2003

(1) KLJ 880 (2003 (2) KLT 763)}, the learned Addl. District & Sessions Judge filed a report, stating that the matter may be submitted before the High Court for reference and to set aside the order passed by the learned Sessions Judge-Palakkad, u/s.408 of Cr.P.C., in transferring C.C.No.258/08 (C.P.No.51/10) from the Judicial First Class Magistrate-Alathur to the Addl. Sessions Court (Ad hoc)-I, Palakkad.

6. While forwarding the above report of the Addl. District & Sessions Judge (Ad hoc)-I, Palakkad, the District Judge, Palakkad, in his letter dated 20.7.2010 recorded his remark that, he issued the transfer order on the following grounds that,

" Fast Track Court