NANJAPPA GOUNDAN Vs. PERIAKKAL

JUDGEMENT

(1.) THE learned Addl. Ses. J. has no jurisdiction, in setting aside an order of discharge, to direct that a charge be framed against the present petr. All that the Ses. J. has got the right to do is to direct a further enquiry, so that the Ct. which hears the case afresh has to take evidence & come to a conclusion as to whether there is enough evidence to frame a charge or not. If it is a case which is to be tried exclusively by a Sessions Ct., then the learned Addl. Ses. J. would be justified in framing a charge & directing a committal. But this is not a case exclusively triable by a Sessions Ct., & the direction to frame a charge is, therefore, not legal: vide Karuppiah Ambalam v. Audiappa Servai, On the merits too, I do not think that this is a case in which a further enquiry is necessary. THE order directing a further enquiry is set aside & the order of discharge by the Ct. of first instance is restored.