KUNJAN RAGHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The First Class Magistrate of Sherthallai made an order on 10.7.1956 committing the six persons charged in P.E. No. 2 of 1956 for trial by the Court of Sessions at Alleppey. The concluding portion of the order reads as follows:

(2.) The Additional Sessions Judge of Alleppey has stated in a report under S.438 of the Code of Criminal Procedure, 1898, dated 10.12.1956:

(3.) There is no doubt that the learned Additional Sessions Judge is right and that there has been a non compliance with a mandatory provision of law. S.207A was inserted into the Code of Criminal Procedure, 1898, by Act XXVI of 1955 and deals with the procedure to be adopted in proceedings instituted on police reports. Sub-s. (3) of S.207A says: