NATESAN Vs. PEETHAMBARAN

JUDGEMENT

(1.) One of us (Bhat, J.) who heard the case originally referred it to a Division Bench of this Court in view of the importance of the questions arising in the case. A Division Bench of this Court heard the case and referred the same to a Full Bench.

(2.) The facts of the case have been summarised succinctly by Balagangadharan Nair, J., speaking for the Division Bench in the order of reference and we quote the same with advantage:

(3.) The learned Sessions Judge directed the two Sessions cases arising on the police report and on the private complaint to be clubbed together and a single trial held on the strength of the decision of a Division Bench of this Court in Asokan v. Narayanan ( 1972 KLT 728 ). That decision was given in the light of the provisions of the Code of Criminal Procedure, 1898. While S.193 of the 1898 Code provided for "committal of the accused" to the Sessions, the corresponding section in the Code of 1973 contemplates "committal of the case" to the Sessions. In this connection, the order of reference states: