JEEVAN JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) 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:-

(3.) On receipt of the final report, the learned Magistrate registered the case as C.P.No.7/2011 and passed an order on 25.1.2011 on the following terms:-