ANIL KUMAR S/O. RAMASWAMY ACHARI v. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
2016-10-03
RAJA VIJAYARAGHAVAN.V.
body2016
DigiLaw.ai
JUDGMENT 1. The petitioner is the first informant in Crime No.448 of 2013 of the Kattakada Police Station. The case involves the murder of Sreekumar @ Asokan, the brother of the petitioner herein on 5.5.2013. 2. Investigation was completed and final report was laid before the Judicial Magistrate of First Class, Kattakkada. The grievance of the petitioner is that though the final report was laid before the learned Magistrate as early as in the year 2015, the case has not been committed till date. 3. Rule 76 of the Criminal Rules of Practice, Kerala mandates that the Magistrate shall with the least practicable delay commit to the Court of Session, the cases triable by it after promptly complying with the provisions of Sections 207 and 208 of the Code. In those cases in which the time taken between the receipt of the charge sheet and the date of committal order exceeds three weeks, the committal Magistrate is bound to furnish an explanation for the delay which is to be attached to the copy of the committal order submitted to the Sessions Judge and the Chief Judicial Magistrate. 4. In view of the above, the court below is directed to act in compliance with Rule 76 of the Criminal Rules of Practice.