HIGH COURT OF KERALA
Kauser Edappagath, J
SUO MOTU PROCEEDINGS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. the court scrutinizes the committal procedures following a communication from the district judge. (Para 1 , 2) |
| 2. the oversight in the absence of the 8th accused mandates a rectification of the committal proceedings. (Para 3 , 4) |
JUDGMENT
This suo motu revision case has been registered based on the communication received from the District Judge, Ernakulam regarding the wrong committal in S.C.No.771/2015 of the Additional District and Sessions Court, North Paravur.
2. I have heard both sides.
3. Angamaly Police registered Crime No.53/2007 against nine accused for the offences punishable under Sections 323 , 325, 370, 371, 374, 420 read with 34 of IPC and Sections 24 (f) and 24 (g) of the Emigration Act . After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Aluva. The learned Magistrate took the case on file as C.C.No.956/2008 and tried the case without noticing that Section 371 of which is a sessions offence, was also involved. After the entire evidence and examination of the accused under Section 313 of Cr.P.C was over, it was noticed that of was also involved. Hence, the learned Magistrate, exercising the power under Sec
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