SUO MOTU PROCEEDINGS Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.465/2013 on the file of the Sessions Judge, Manjeri, facing trial for offence punishable under Sec. 376 IPC, on the basis of the final report in crime No.244/2011 of Vazhakkad police station, filed this Revision Petition.

(2.) The prosecution case is that on 25/6/2007, the accused committed rape upon CW1 in the bedroom of a rented house in Kuwait. The police registered the crime on the basis of the statement given by the defacto complainant, conducted an investigation and filed a final report before the Judicial First Class Magistrate Court, Malappuram, and the same was received by the learned Magistrate as C.P.50/2013. After complying with the statutory requirements under Sec. 209 Cr.P.C, the learned Magistrate committed the case to the Court of Session as per order dtd. 16/7/2013. The learned Sessions Judge received the file as S.C.465/2013 and made over the same to the Additional Sessions Court-I, Manjeri. Thereafter the learned Additional Sessions Judge, Manjeri framed charge against the accused, read over and explained it to him, to which he pleaded not guilty.

(3.) On 23/1/2017, when the learned Additional Sessions Judge took up the matter for trial, the learned defence counsel raised the question of jurisdiction of the learned Sessions Judge to try the case in view of Sec. 188 of Cr.P.C. It was contended that since the offence took place in Kuwait, a foreign country, previous sanction of the Central Government as required under Sec. 188 Cr.P.C was necessary. It was contended that the cognizance of the offence was taken without such sanction. Since the proceedings are initiated against the accused without obtaining the sanction, it was contended that the entire proceedings are void. In the above circumstances, the learned Sessions Judge sent a report to this Court stating that the committal proceedings before the learned Magistrate and the subsequent proceedings before the Sessions Judge are vitiated. When the matter was placed before the Judge in charge of the District, it was directed to place the matter as Criminal Revision on the judicial side of this Court and the same was approved by the Hon'ble Chief Justice and accordingly this suo motu proceeding was initiated under Sec. 401 of Cr.P.C.