STATE Vs. FRANCIS MANNALY

JUDGEMENT

(1.) This R.C. is registered suo motu against the order passed by the Sessions Court, Palakkad dated 11.10.1993 in Crl. Appeal No. 123/93 pending before that court.

(2.) The Judicial First Class Magistrates Court - V, Thiruvananthapuram was appointed as the Special Court for trial of marklist cases. C.C. 21/85 was tried and disposed of by the Special Court from Thiruvananthapuram against the two accused alleging that they have fabricated fake marklist and obtained admission for higher education on the basis of that fake mark-list. The Special Court, Thiruvananthapuram disposed of that case by judgment dated 26.8.1993. Against that judgment Crl. Appeal No. 123/93 was preferred before the Sessions Court, Palakkad. When the records were called for by the Sessions Court, Palakkad from the Judicial First Class Magistrates Court - V (Special Court for trial of marklist cases), Thiruvananthapuram the Chief Judicial Magistrate, Thiruvananthapuram sought from this Court by letter dated 15.11.1993 as to whether the appeal could be preferred before the Court of Session,Palakkad instead of Court of Session, Thiruvananthapuram. This Court sought the remarks of the Sessions Judge, Palakkad through the administrative side by order dated 22.11.1993. By that time as the Sessions Court, Palakkad entertained doubt regarding maintainability of the appeal in that court, the matter was heard and the considered order dated 11.10.1993 was passed by the Sessions Court, holding that the Court of Session, Palakkad has got jurisdiction to entertain the appeal and therefore, the appeal before that court is maintainable. The Sessions Judge, Palakkad sent his remark dated 29.11.1993 along with a copy of that order to this Court. Therefore, this Court found that the matter can be considered only on judicial side and directed to register a Crl. R.C. suo motu against that order passed by the Sessions Court, Palakkad. Accordingly this R.C. is registered suo motu against the order dated 11.10.93 passed by the Court of Sessions, Palakkad in Crl. Appeal No. 123/93 and notice was issued to the Public Prosecutor and the accused appellants.

(3.) The Public Prosecutor and the counsel for the appellants were heard.