Crl.R.C.No.2/2018 1 2025:KER:25843 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.RC NO. 2 OF 2018 AGAINST THE JUDGMENT DATED IN SC NO.251 OF 2017 OF ADDITIONAL DISTRICT & SESSIONS COURT, NORTH PARAVUR THE COURT ON ITS OWN MOTION: SUO MOTU PROCEEDINGS ON A COMMUNICATION RECEIVED FROM THE DISTRICT JUDGE, ERNAKULAM REGARDING WRONG COMMITTAL IN SC 251/2017 OF THE ADDITIONAL DISTRICT & SESSIONS COURT/MACT NORTH PARAVUR AGAINST RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. 2 RATHEESH @ KARA RATHEESH, S/O. RAVI, CHETHIKKATTIL HOUSE, KADAPPARA KARA, MALAYATTOOR VILLAGE. 3 ELDHO @ ACHI ELDHO, S/O. MATHAI, KAREDATH HOUSE, THABORE KARA, MOOKKANNUR VILLAGE. 4 TONY, S/O. TOMY, THELAKKADAN HOUSE, UPPUKALLU SIDE, AYYAMPUZHA VILLAGE. 5 GRINTESH @ INDAVA, S/O. THANKAPPAN, KOZHIKKADAN HOUSE, PARAMBAYAM SIDE, THABORE KARA, MOOKKANNUR VILLAGE. 6 SUJITH, S/O. SUKUMARAN @ SUKU, MEKKAMADAM HOUSE, NEELESWARAM THENDUMUGHAL SIDE, MUNDAGAMATTOM KARA, KALADI VILLAGE. 7 AJI V. NAIR, S/O. VIJAYAN PILLAI, VISHNU BHAVAN HOUSE, NEAR IMURY PAVIZHAM RICE MILL, KOOVAPPADY KARA, KOOVAPPADY VILLAGE. 8 SUJITH, S/O. SUDHAKARAN, KANDESWARATH, KALARIKKAL HOUSE, NEAR AZHIKAM CHURCH, MOOKKANNUR VILLAGE. 9 SRI. MANEESH,S/O. KUTTAPPAN, ALAPPATTU HOUSE, NEAR ANGANVADI, VATTAPPARAMBU KARA, MATTOOR VILLAGE. Crl.R.C.No.2/2018 2 2025:KER:25843 10 SRI. RAGESH, S/O. GOPI, PERIYAMPARAMBIL HOUSE, OCHAMTHURUTH SIDE, KOOVAPPADY VILLAGE. 11 SRI. SREEJITH, S/O. SURENDRAN, KARIKKATTIL HOUSE, OPPOSITE SIDE OF OKKAL CO-OPERATIVE SOCIETY, OKKAL KARA, CHELAMATTOM VILLAGE. 12 SRI. SARATH, S/O. VELAYUDHAN, KALLARAKKAL HOUSE, NEAR SEBASTIANOS CHURCH, SEBIPURAM SIDE, MANJAPRA VILLAGE. 13 SRI. JOMON, S/O. JOY, EDATTUKARAN HOUSE, SEBIPURAM SIDE, NADUVATTOM KARA, MANJAPRA VILLAGE. 14 SRI. JAISON, S/O. POULOSE, NAIPADAN HOUSE, OKKAL KARA, CHELAMATTOM VILLAGE, NOW RESIDING AT RENTED HOUSE OF JOSEPH, ANNAMANADA SIDE, MALA. 15 SRI. DIBIL, S/O.SEBASTIAN, KOLARIKKAL HOUSE, OKKAL KARA, CHELAMATTOM VILLAGE. 16 SRI. PRINCE, S/O. PAPPU, PUTHUSSERY HOUSE, NEAR KUZHIYAMPADAM, MANICKAMANGALAM KARA, MATTOOR VILLAGE. 17 SRI. RAGHUNATH , S/O. SANNAPPAN, DOOR NO.21/04, PADUVA KOTTIMURA HOUSE, KULASEKHARA POST, KOOLAI VILLAGE, MANGALORE TALUK, SOUTH KANNADA DISTRICT, KARNATAKA STATE. 18 SRI. JOSEH THANKACHAN, S/O. JOSEPH, POONJAKKARAN HOUSE, NEAR MELOOR HIGH SCHOOL, MELOOR P.O., MELOOR VILLAGE, THRISSUR DISTRICT. BY ADV SRI.AJEESH M UMMER SRI.M.P.PRASANTH, PP THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl.R.C.No.2/2018 3 2025:KER:25843 ORDER This suo motu revision case has been registered based on the communication received from the District Judge, Ernakulam regarding the wrong committal in S.C.No.251/2017 by the Additional District and Sessions Court, North Paravur. 2. I have heard both sides. 3. The Kalady Police registered Crime No.2259/2016 against seventeen accused for the offences punishable under Sections 143, 144, 147, 148, 120B, 201, 212, 427, 324, 326 and 302 read with 149 of IPC and Section 27 of the Arms Act, 1959. After investigation, final report was filed before the Judicial First Class Magistrate Court, Kalady. The learned Magistrate, committed the case to the Sessions Court, Ernakulam as per the proceedings in C.P.No.1/2017 dated 1.3.2017 for trial under Section 209 of Cr.P.C. The Sessions Court numbered the case as S.C.No.251/2017 and made over to the Additional District and Sessions Court, North Paravur for trial and disposal. The learned Additional Sessions Judge then noticed that, in fact, the 16th accused did not appear before the committal court, but the case against him was also committed by oversight. Crl.R.C.No.2/2018 4 2025:KER:25843 4. Since the 16th accused did not appear at the committal court, the committal against him was bad. Accordingly, the committal as against the 16th accused vide the order in C.P.No.1/2017 dated 1.3.2017 is hereby set aside. The Additional District and Sessions Court, North Paravur is directed to proceed with S.C.No.251/2017 against accused Nos. 1 to 15 and 17 as if the case against the 16th accused was not committed. The Judicial First Class Magistrate Court, Kalady is directed to initiate fresh committal proceedings against the 16th accused in Crime No.2259/2016. The Crl.R.C is disposed of as above. sd/- DR. KAUSER EDAPPAGATH JUDGE kp