TRAVANCORE-COCHIN STATE Vs. MADHAVAN

JUDGEMENT

(1.) This reference raises the question whether the committal order made by the Enquiry Magistrate is not bad for non compliance with the mandatory provision contained in S.464, Criminal P.C. There can be no doubt that the answer should be in the affirmative. The Magistrate felt that before proceeding with the preliminary enquiry in the case in which the accused stands charged with the offence of murder, he should be satisfied as to the sanity of the accused, so that he could be taken to be able to participate in such enquiry.

(2.) The mode in which such enquiry is to be conducted is indicated in S.464 and it expressly states that the Medical Officer who issues the certificate about the mental condition of the accused, should be examined in addition to other enquiry that may be thought necessary. The Magistrate did not comply with this provision and the preliminary enquiry was conducted in violation of the direction in the section. The committal order is bad for that reason and has to be quashed.

(3.) Accordingly this reference is accepted and the Magistrates committal order is set aside. He will proceed afresh with the preliminary enquiry in accordance with law and in the light of the observations made above. The records will be forthwith sent to him.