LAWS(KER)-2018-7-729

SELVAKUMAR Vs. STATE OF KERALA

Decided On July 05, 2018
SELVAKUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Can a Sessions Court to which a case was committed by a Magistrate try it after it enters a finding that the facts of the case do not disclose commission of any offence exclusively triable by it. This is the only question that arises for consideration in this Crl. M.C.

(2.) The petitioner is the first accused in S.C. No. 196 of 2017 on the file of the Sessions Judge, Kozhikode. The case originated from Crime No. 1525 of 2015 of Kasaba Police Station, Kozhikode registered for the offence under Section 304 IPC. In the final report also the accused was shown to have committed the offence under Section 304 IPC. The learned Magistrate committed the case to the Court of Session. The prosecution and the defence were heard under Section 227 Cr.P.C., 1973 The learned Sessions Judge took the view that the facts of the case attract only Section 304 A IPC, which is triable by a Magistrate. But he decided to try the case in his court. The petitioner contends that the learned Sessions Judge should have transferred the case to the Chief Judicial Magistrate or another Judicial Magistrate of the First Class.

(3.) Heard the learned senior counsel appearing for the petitioner and the learned Public Prosecutor.