BAPPUTTY vs THE STATE OF KERALA & ORS.

Annexure-A4 order is under challenge. Through Annexure-A4 order the learned Additional Sessions Judge, Manjeri had resorted to the

procedure contemplated under Section 228 Cr.P.C and transferred the case to the Judicial First Class Magistrate''s Court-I, Parappanangadi.

The final report was filed in Crime No.72/2006 of the Tanur Police Station, alleging offences punishable under Sections 143, 147, 148, 324,

326, 120(b) and 307 read with 149 IPC and Section 27 of the Arms Act. The learned Magistrate committed the case under Section 209 Cr.P.C.

to the Sessions Court, Manjeri. The case was numbered as S.C.No.317/2008 of the Manjeri Sessions Division. Unfortunately, the case was made

over to the then Additional Sessions Judge.

Through Annexure-A4, the Additional Sessions Judge took a view that the injuries were not on vital parts and no serious injuries were there,

and therefore, the offence under Section 307 IPC cannot be attracted. The learned Additional Sessions Judge had exceeded his jurisdiction and

powers in entering a finding to that effect. On a perusal of Annexure-A3, the said stage was too premature on the part of the learned Additional

Sessions Judge to conclude that the offence under Section 307 IPC could not be attracted. The learned Additional Sessions Judge failed to

appreciate the contents of the wound certificate and records produced by the prosecution. There was no reason to invoke Section 228 Cr.P.C.

Annexure-A4 order is per se illegal, and therefore, the same is liable to be quashed.

In the result, this Crl.M.C. is allowed and Annexure-A4 order is hereby quashed. The learned Additional Sessions Judge shall proceed with the

matter further, in accordance with law.