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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN.V., J
ANIL KUMAR S/O. RAMASWAMY ACHARI – PETITIONER
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR – RESPONDENTS
O.P.(Crl.) No.495 of 2016
Decided On : 03-10-2016
Rule 76 - Criminal Rules of Practice, Kerala - The court directed the lower court to comply with Rule 76, which mandates prompt commitment of cases triable by the Court of Session and requires an explanation for any delay exceeding three weeks.
Fact of the Case:
The petitioner is the first informant in a murder case, and the final report was laid before the Magistrate in 2015 but the case has not been committed till date.
Finding of the Court:
The court directed the lower court to comply with Rule 76 of the Criminal Rules of Practice, Kerala.
Issues: Delay in committing the case to the Court of Session despite the final report being laid before the Magistrate in 2015.
Ratio Decidendi: The court relied on Rule 76 of the Criminal Rules of Practice, Kerala, which mandates prompt commitment of cases triable by the Court of Session and requires an explanation for any delay exceeding three weeks.
Final Decision: The lower court was directed to act in compliance with Rule 76 of the Criminal Rules of Practice.
JUDGMENT
1. The petitioner is the first informant in Crime No.448 of 2013 of the Kattakada Police Station. The case involves the murder of Sreekumar @ Asokan, the brother of the petitioner herein on 5.5.2013.
2. Investigation was completed and final report was laid before the Judicial Magistrate of First Class, Kattakkada. The grievance of the petitioner is that though the final report was laid before the learned Magistrate as early as in the year 2015, the case has not been committed till date.
3. Rule 76 of the Criminal Rules of Practice, Kerala mandates that the Magistrate shall with the least practicable delay commit to the Court of Session, the cases triable by it after promptly complying with the provisions of Sections 207 and 208 of the Code. In those cases in which the time taken between the receipt of the charge sheet and the date of committal order exceeds three weeks, the committal Magistrate is bound to furnish an explanation for the delay which is to be attached to the copy of the committal order submitted to the Sessions Judge and the Chief Judicial Magistrate.
4. In view of the above, the court below is directed to act in compliance with Rule 76 of the Criminal Rules of Practice.
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