ORDER

This Crl.MC is registered suomoto based on a letter from the Chief Judicial Magistrate, Kollam, who forwarded a letter from the Judicial First Class Magistrate (Temporary) Kadakkal. The District and Sessions Judge, Kollam reported that, SC No.1196/2014 and SC No.1588/2019 were registered against the accused named Subhash, S/o.Gangadharan, Subin Nivas, Alummukku, Vayala Ward, Kottukkal Village u/S.323 and 307 IPC and 302 IPC respectively. The learned Sessions Judge submitted that, on verification, it is understood that the above mentioned cases have arisen from the same incident which occurred on 25.01.2012. Initially Crime No.126/12 was registered u/s.323 and 307 IPC and subsequently Crime No.1931/2014 was registered after the death of the victim on 30.12.2014 by the Kadakkal Police Station. SC No. 1588/19 was committed to the Principal Sessions Court, Kollam from the Judicial First Class Magistrate Court (Temporary), Kadakkal on 08.11.2019 based on CP No.51/2015. SC No.1196/14 was also committed to Sessions Court from Judicial First Class Magistrate Court-II, Kottarakkara based on CP No.75/12. It was pending before Assistant Sessions Court, Kottarakkara. Subsequently, SC No. 1196/14 was withdrawn from the Assistant Sessions Court, Kottarakkara to the Principal Sessions Court, Kollam on 11.02.2022. The accused was arrested in both cases on 27.01.2012 is the report of the learned Sessions Judge. Now both the cases are posted before the Sessions Court, Kollam is the submission. It is submitted that the two cases are committed to the Sessions Court by separate committal proceedings.

2. Admittedly, the case was originally registered as SC No.1196/2014 after committal arising from Crime No.126/2012, which was charge sheeted alleging offence under Section 323 and 307. Later the victim in the above case died due to injuries sustained by him and the investigating officer obtained permission from the Assistant Sessions Court for further investigation. Upon death of the victim, Police registered a new crime as Crime No.1931/2014 and registered FIR for unnatural death. Subsequently a report was filed to alter the section to Section 302 of IPC. The final report based on the new FIR in Crime No.1931/2014 was filed before Judicial First Class Magistrate (Temporary) Kadakkal which was numbered separately as CP No. 51/2015. That case was also committed to the Sessions Court which is now pending as SC No.1588/2019. Therefore the two Sessions Case were registered in the Sessions Court based on same set of facts and there are two FIR also.

3. I am of the considered opinion that when the investigating officer obtained permission for further investigation from the Assistant Sessions Court, Kottarakkara in SC No.1196/2014, the further report ought have been filed before the same court instead of filing before the learned Magistrate for committal. The second FIR is also not necessary. Therefore the procedure adopted by the Investigating Officer is not correct. Hence, I am of the considered opinion that the committal order in SC No.1588/2019 can be set aside and the final report submitted can be directed to be returned to the Investigating Officer so that the Investigating Officer can submit the further report in SC No.1196/2014. Therefore this Crl.MC is disposed of with the following directions:

I. The Sessions Court, Kollam is directed to return the final report submitted in SC NO.1588/2019 to the Investigating Officer within two weeks from the date of receipt of a copy of this order. After returning the final report the learned Sessions Judge can close the SC No.1588/2019.

II. Once the report is received, the Investigating Officer will submit the further report in SC No.1196/2014 in which the permission is obtained for further investigation within another three weeks. Based on the same, the competent court can proceed in accordance with law. The Investigating Officer will close the second FIR and report the same to the Court concerned.

With the