IN RE: PICHAI Vs. STATE

JUDGEMENT

(1.) THIS revision is on a reference made by the learned Additional District and Sessions Judge, Tiruchirapalli, for passing suitable orders, since the Judicial II Class Magistrate, Lalgudi, has committed the accused to take the trial without examining the approver. The facts of the case are briefly as follows:

(2.) IN the case under reference there were originally three accused of whom one accused was tendered pardon by the Chief Judicial Magistrate, Tiruchi and taken as an approver. The committing Magistrate has committed the case to the Court of Sessions without examining the approver and this mistake was found out only at the conclusion of the trial and during the course of the argument. Hence, the reference is made by the learned Judge for proper action.

(3.) THIS Court in Ramaswamy, In re, 1976 L.W. (Crl.) 36:, 1976 M.L.J. Crl. 111, has pointed out as follows: