Source: Kerala High Court

Why in News?

Recently, the Kerala High Court in the case of Kuthiralamuttam Saji v. State of Kerala, has held that power to commit a case to the Sessions Court after commencement of inquiry/ trial under Section 323 of the Criminal Procedure Code, 1973 (CrPC) may be invoked by the Magistrate only after recording its reasons by way of a speaking order.

What was the Background of Kuthiralamuttam Saji v. State of Kerala Case?

• In this case, the husband of the second respondent was allegedly accused of assaulting and attempting to commit murder and crime was registered against him.
• As a counter blast, the second respondent filed a private complaint before the Judicial First-Class Magistrate Court Payyannur.
• The case proceeded as a warrant case.
• The respondent alleged commission of dacoity under Section 391 of Indian Penal Code, 1860 (IPC) in the private complaint.
• The magistrate did not take cognizance under Section 391 of IPC.
• But during arguments, the Magistrate recorded that the offence of dacoity under Section 391 IPC was also made out.
• The Magistrate invoked powers under Section 323 CrPC and committed the case to Sessions Court.
• This Order of the Magistrate was challenged by the petitioners before the High Court of Kerala.
• The High Court set aside the Magistrate’s order and directed the Magistrate Court to reconsider whether provisions of Section 323 CrPC were to be invoked or not.

What were the Court’s Observations?

• Justice P.V. Kunhikrishnan observed, Section 323 CrPC provides the procedure when, after Commencement of inquiry or trial, Magistrate finds that the case should be committed and tried by Sessions Court.
• The Court further held that since the words “it appears to him at any stage” is used in Section 323 CrPC, it is clear that when a Magistrate invokes the powers under Section 323 CrPC, the reason for the same should be recorded. In other words, the Magistrate is required to give reason for thinking that the case ought to be tried by the Sessions Court, while invoking Section 323 CrPC.

What are the Legal Provisions Involved in it?

Section 323, CrPC

• This section deals with the procedure when, after commencement of inquiry or trial, the Magistrate finds that the case should be committed and tried by the Session court. It states that -
  • If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XVIII shall apply to the commitment so made.
• Section 323 CrPC gives a discretion to the Court to exercise its power at any stage of the proceeding before signing judgment.

Section 391, IPC

• This section deals with the offence of Dacoity. It states that-
  • When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity.
• In the Om Prakash v. State (1956) case, the Allahabad High Court held that the offence of dacoity consists of the cooperation of five or more persons to commit or attempt to commit robbery. All the persons must share the common intention of committing robbery.