ORDER :

The important question arising for consideration in this criminal revision petition is as to whether under Section 209 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr.P.C.'), the committal Magistrate was required to take cognizance of the offence triable by a court of session before committing the case to the court of session in accordance with law.

2. The facts leading to the case are hereunder:-

The additional 2nd respondent, the alleged victim in this case was arrested by the Central Police, Ernakulam for having involved in immoral trafficking on 22.9.2009. Later, she was produced before the Chief Judicial Magistrate Court, Ernakulam on 23.9.2009 and she was sent to Children's Home at Kakkanad. On being questioned, she had disclosed that her classmates committed rape on her at Mattannur in Kannur District. In the meantime, as per the directions of the Chief Judicial Magistrate, Ernakulam a suo motu crime was registered against the named three accused and 17 identified persons as Crime No.2220/2009 dated 10.10.2009 by the Central Police, Ernakulam under Sections 120B, 366A, 376 of the Indian Penal Code (hereinafter referred to as 'the IPC'). Later, find