Thomas P. Joseph, J.

Petitioner is accused in CP No. 33 of 2009 of the Court of learned Judicial First Class Magistrate-I, Ernakulam for offence punishable under Section 302 of the Indian Penal Code (for short, "the IPC"). During the course of committal proceedings it was brought to the notice of the learned Magistrate that petitioner, being mentally retarded is unable to make his defence. Thereon learned Magistrate conducted enquiry as provided under section 328 of the Code of Criminal Procedure (for short, "the Code") and on finding that petitioner is able to make bis defence committed the case for trial to the Court of learned Sessions Judge as per Annexure-A7, order dated September 20, 2010. Proceedings before the committal Court and Annexure-A7, order are challenged in this proceeding at the instance of petitioner. Learned counsel has contended that it was mandatory to ascertain whether petitioner on account of mental retardation is capable of making his defence, such enquiry has not been conducted by appropriate authorities and hence proceedings before committal Court and Annexure-A7, order are vitiated. Learned counsel contends that petitioner is entitled to have a fai