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Abhilash R. vs Sreekumar

Abhilash R. vs Sreekumar

Type Court Judgment Court Kerala Orders Decided Mar 18, 2020
~5 min read
https://sooperkanoon.com/case/1754244

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/1971/2020

Parties & Advocates

Appellant / Petitioner

Abhilash R.

Respondent

Sreekumar

Excerpt

.....under sections 420 and 464 ipc and to try him for the aforesaid offences. the petitioner filed objection to the aforesaid application.4. thereafter, on the basis of a letter from the judicial first class magistrate-iv, neyyattinkara, the chief judicialmagistrate, thiruvananthapuram, passed annexure-f order, withdrawing the case s.t. no.103/2014 from the court of judicial first class magistrate-iv, neyyattinkara and making over it to the judicial first class magistrate-iii, neyyattinkara for trial and disposal in accordance with law.5. this petition is filed under section 482 cr.p.c by the accused in the case challenging the legality and propriety of annexure-f order passed by the learned chief judicial magistrate.6. heard the learned counsel for the petitioner.7. annexure-f order reads as follows:“in the light of the paper read above, st 103/2014 on the file of judicial i class magistrate's court-iv, neyyattinkara is withdrawn from that court since that court has no power to try offences u/s 468, 420 ipc and made over to the judicial i class magistrate court iii, nayyattinkara, for trial and disposal in accordance with law. the judicial i class magistrate-iv, neyyattinkara is directed to forward the case records in st 103/2014 duly listed, along with the readable true copies of order sheet, depositions and material objects, if any, to judicial i class magistrate iii, neyyattinkara under proper intimation to the party.”8. annexure-f order is an administrative order passed by the learned chief judicial magistrate under section 410 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code').9. section 410 (1) of the code states that, any chiefjudicial magistrate may withdraw any case from, or recall any case which he has made over to, any magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such magistrate competent to inquire into or try the same.10. a.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 Crl.MC.No.1971 OF 2020(F) AGAINST THE ORDER NO.C2-4248/2019 DATED 25.7.2019 OF THE PROCEEDINGS OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM IN ST 103/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA PETITIONER/ACCUSED: ABHILASH R. AGED 42 YEARS S/O.RADHAKRISHNAN NAIR,DEVAKI NILAYAM PRAKAS,VAZHICHAL.P.O,THIRUVANANTHAPURAM. BY ADVS. SRI.R.GOPAN SRI.D.JAI SINGH RESPONDENTS/COMPLAINANTS:

1 SREEKUMAR S/O.APPUKUTTAN NAIR,PEVARTHALA VEEDU, MANAPPURAM,MALAYINKIL.P.O, THIRUVANANTHAPURAM-695571. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,PIN-682031. SRI.C.K.PRASAD- PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.03.2020, THE COURT ON 18.03.2020 PASSED THE FOLLOWING: R.NARAYANA PISHARADI, J ************************ Crl.M.C.No.1971 of 2020 --------------------------------------------- Dated this the 18th day of March, 2020

ORDER

The petitioner is the accused in the case S.T. No. 103/2014 on the file of the Court of the Judicial First Class Magistrate-IV, Neyyattinkara.

2. The aforesaid case is instituted upon the complaint filed against the petitioner by the first respondent for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

3. After adducing his evidence, the complainant filed

Annexure-D application before the trial court to alter the charge against the accused for the offences punishable under Sections 420 and 464 IPC and to try him for the aforesaid offences. The petitioner filed objection to the aforesaid application.

4. Thereafter, on the basis of a letter from the Judicial First Class Magistrate-IV, Neyyattinkara, the Chief Judicial

Magistrate, Thiruvananthapuram, passed Annexure-F order, withdrawing the case S.T. No.103/2014 from the Court of Judicial First Class Magistrate-IV, Neyyattinkara and making over it to the Judicial First Class Magistrate-III, Neyyattinkara for trial and disposal in accordance with law.

5. This petition is filed under Section 482 Cr.P.C by the accused in the case challenging the legality and propriety of Annexure-F order passed by the learned Chief Judicial Magistrate.

6. Heard the learned counsel for the petitioner.

7. Annexure-F order reads as follows:

“In the light of the paper read above, ST 103/2014 on the file of Judicial I Class Magistrate's Court-IV, Neyyattinkara is withdrawn from that court since that court has no power to try offences u/s 468, 420 IPC and made over to the Judicial I Class Magistrate Court III, Nayyattinkara, for trial and disposal in accordance with law. The Judicial I Class Magistrate-IV, Neyyattinkara is directed to forward the case records in ST 103/2014 duly listed, along with the readable true copies of order sheet, depositions and material objects, if any, to Judicial I Class Magistrate III, Neyyattinkara under proper intimation to the party.”

8. Annexure-F order is an administrative order passed by the learned Chief Judicial Magistrate under Section 410 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

9. Section 410 (1) of the Code states that, any Chief

Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

10. A Chief Judicial Magistrate is competent under Section

410 (1) of the Code to withdraw any case from any Magistrate subordinate to him and may refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same. Such withdrawal and making over are functions enjoined under the Code upon the Chief Judicial Magistrate for distribution of work among the the subordinate Magistrates, which he may exercise without any motion from any party. This special power is given to him by virtue of he being the person having general

control or supervision over the work of the other Magistrates in the district.

11. Learned counsel for the petitioner contended that the learned Chief Judicial Magistrate has directed the transferee court to try the petitioner for the offences punishable under Sections 468 and 420 IPC.

12. A close scrutiny of Annexure-F order would show that

the learned Chief Judicial Magistrate has not passed any order

directing the transferee court to try the petitioner for the offences punishable under Sections 468 and 420 IPC. The challenge made to Annexure-F order on that ground is misconceived.

13. At present, the petitioner is not required to face a trial for the offences punishable under Sections 420 and 468 IPC by virtue of Annexure-F order passed by the Chief Judicial Magistrate. Therefore, the petition is liable to be dismissed.

14. If the Judicial First Class Magistrate-IV, Neyyattinkara has already passed any order directing alteration of charges, if any, against the petitioner and asked him to face trial for any

offences, other than the offence punishable under Section 138 of the Act, or if the Judicial First Class Magistrate-III, Neyyattinkara passes any such order compelling the petitioner to face trial for such offences, the petitioner is at liberty to challenge such orders in appropriate proceedings.

15. Consequently, the petition is dismissed with the

observations as mentioned above. Sd/- R.NARAYANA PISHARADI, JUDGE al/- APPENDIX PETITIONERS EXHIBITS: ANNEXURE A PHOTOCOPY OF THE COMPLAINT IN S.T.NO.103/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- III,NEYYATTINKARA. ANNEXURE B PHOTOCOPY OF THE CMP NO.51/2018 IN

S.T.NO.103/2014 FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-IV,NEYYATTINKARA. ANNEXURE C PHOTOCOPY OF THE ORDER DATED 7.1.2019 IN CMP NO.51/2018 IN S.T.NO.103/2014 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-IV,NEYYATTINKARA ANNEXURE D PHOTOCOPY OF CMP NO.9/2019 IN S.T.NO.103/2014 FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-IV,NEYYATTINKARA. ANNEXURE E PHOTOCOPY OF OBJECTION FILED BY THE PETTIONER IN CM NO.9/2019 IN S.T.NO.103/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- IV,NEYATTINKARA

ANNEXURE F CERTIFIED COPY OFORDER DATED 25.7.2019 IN C2.4248/19 PASSED BY THE CHIEF JUDICIAL MAGISTRATE,THIRUVANANTHAPURAM. ANNEXURE G CERTIFIED COPY OF COMMUNICATION D.NO.1441/19 DATED 2.9.2019 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-IV,NEYYATTINKARA TO THE JUDICIAL 1ST CLASS MAGISTRATE-III,NEYYATTINAKARA.

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