Crl.R.C.No.3/2018 1 2025:KER:25842 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. 3 OF 2018 CRIME NO.53/2007 OF Angamali Police Station, Ernakulam AGAINST THE JUDGMENT DATED IN SC NO.771 OF 2015 OF ADDITIONAL DISTRICT DISTRICT & SESSIONS COURT, NORTH PARAVUR ARISING OUT OF THE ORDER DATED 13.10.2015 IN CP NO.30 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ALUVA THE COURT ON ITS OWN MOTION: SUO MOTU PROCEEDINGS ON A COMMUNICATION RECEIVED FROM THE DISTRICT JUDGE, ERNAKULAM REGARDING WRONG COMMITTAL IN SC 771/2015 OF THE ADDITIONAL DISTRICT & SESSIONS COURT/MACT, NORTH PARAVUR AGAINST RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2 KOYA S/O.KHADAR, NADAKKAPARAMBIL HOUSE, MAMBRA KARA, PARAKKADAV VILLAGE. 3 NABEESA W/O.KOYA, NADAKKAPARAMBIL HOUSE, MAMBRA KARA, PARAKKADAV VILLAGE. 4 JALEEL D HASSAN S/O.HASSAN, THEMALIPARAMBIL HOUSE, MAMBRA KARA, PARAKKADAV VILLAGE. 5 NADIRSHA S/O.KOYA, NADAKKAPARAMBIL HOUSE,MAMBRA KARA, PARAKKADAV VILLAGE. 6 NAJEERSHA S/O.KOYA, NADAKKAPARAMBIL HOUSE,MAMBRA KARA, PARAKKADAV VILLAGE. Crl.R.C.No.3/2018 2 2025:KER:25842 7 MAUHARSHA S/O.KOYA, NADAKKAPARAMBIL HOUSE,MAMBRA KARA, PARAKKADAV VILLAGE. 8 AJITH NAMBOOTHIRI S/O.KRISHNAN NAMPOOTHIRI,PUTHUKKATT MANAYIL,WEST KORATTY. 9 SUMAN PETER S/O.PATHROSE, RAMANATT HOUSE, NO.VII 416, CHAYPAN KUZHI BHAGATH, CHALAKKA. 0 SAIDU ABDULLAHA S/O.ABDULLA, CHAMPATHU HOUSE,MAMBRA, KORATTY. BY ADVS. SRI.T.K.KUNJUMON SRI.ALBERT JOSEPH SRI. M.P. PRASHANTH PP THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.C.No.3/2018 3 2025:KER:25842 JUDGMENT 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.771/2015 of the Additional District and Sessions Court, North Paravur. 2. I have heard both sides. 3. Angamaly Police registered Crime No.53/2007 against nine accused for the offences punishable under Sections 323, 325, 370, 371, 374, 420 read with 34 of IPC and Sections 24(f) and 24 (g) of the Emigration Act. After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Aluva. The learned Magistrate took the case on file as C.C.No.956/2008 and tried the case without noticing that Section 371 of IPC which is a sessions offence, was also involved. After the entire evidence and examination of the accused under Section 313 of Cr.P.C was over, it was noticed that Section 371 of IPC was also involved. Hence, the learned Magistrate, exercising the power under Section 323 of Cr.P.C, committed the case to the Sessions Court, Ernakulam as per the proceedings in C.P.No.30/2015 dated 13.10.2015 for trial under Section 209 of Cr.P.C. The Sessions Court numbered the case as Crl.R.C.No.3/2018 4 2025:KER:25842 S.C.No.771/2015 and made over to the Additional Sessions Court, North Paravur for trial and disposal. The learned Additional Sessions Court then noticed that, in fact, the 8th accused did not appear before the committal court. But the case against him was also committed by oversight. 4. Since the 8th accused did not appear at the committal court, the committal against him is bad. Accordingly, the committal as against the 8th accused vide the order in C.P.No.30/2015 dated 13.10.2015 is hereby set aside. The Additional Sessions Court, North Paravur is directed to proceed with S.C.No.771/2015 against accused Nos. 1 to 7 and 9 as if the case against the 8th accused was not committed. The Judicial First Class Magistrate Court-II, Aluva is directed to initiate fresh committal proceedings against the 8th accused in Crime No.53/2007. The Crl.R.C is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp