DISTRICT AND SESSIONS JUDGE TELLICHERRY Vs. STATE

JUDGEMENT

(1.) In the Sessions Division, Tellicherry, there are three District and Sessions Judges. Sri. P. Ramachandran Nair was the Second Additional District and Sessions Judge. Till 29-9-1985 he was attending Court and discharging his duties. On the early morning of 30-9-1985 he suddenly fell ill and had to be hospitalised. Thereafter he was removed to the Medical College Hospital, Calicut for expert treatment. All the records available with him at his residence were got back by the District and Sessions Judge on 5-10-1980.

(2.) Crl. Revision Petitions Nos.42 of 1984, 64 of 1984 and 26 of 1985 were heard by Mr. P. Ramachandran Nair at a time when he was attending Courts. Orders were not pronounced in those cases till he was laid up. On 14-10-1985 the Bench Clerk of the Second Additional District and Sessions Court handed over to the District and Sessions Judge a cover containing the orders in the above three cases signed by Mr. P. Ramachandran Nair on 30-9-1985. In the proceedings papers Sri. Ramachandran Nair has also written "orders passed - vide separate order" under his initials. On 30-9-1985 itself he has written "order handed over for pronouncing to the District Judge, Tellicherry, in view of my personal inconvenience/disability."

(3.) The District and Sessions Judge who received the papers entertained a doubt whether he was competent to pronounce the orders written and signed by the Second Additional District and Sessions Judge in Criminal Cases, since there is no express provision either in the Cr.P.C. or in the Criminal Rules of Practice similar to the one contained in O.XX, R.2 of the Civil Procedure Code. Therefore, he has written to this Court for direction. The matter was placed on the judicial side and that is how the reference came up before me for decision.