Sets Aside Magistrate’s Order, Says ‘Speaking Order is Necessary Before Invoking Section 323 Cr.P.C. : Kerala High Court

Ernakulam, Kerala: In a pivotal ruling, the Kerala High Court has set aside an order passed by the Judicial First Class Magistrate Court, Payyannur, in the case C.P. No. 14 of 2020. The Honourable Justice P.V.Kunhikrishnan emphasized that a “speaking order is necessary before invoking the powers under Section 323 Cr.P.C.”

The case initially involved eight accused who were charged under various sections of the IPC, including 324, 506 (i)(ii), and 308. The learned Magistrate had converted the case from a calendar case (CC) to a committal proceeding (CP), invoking Section 323 of the Criminal Procedure Code (Cr.P.C).

Justice P.V.Kunhikrishnan said, “To invoke Section 323 Cr.P.C, it should appear to the Magistrate that the case ought to be tried by the Sessions Court. The Magistrate is required to give a reason for thinking that the case ought to be tried by the Sessions Court, while invoking Section 323 Cr.P.C.” He further elaborated that the Magistrate’s order was not a speaking order, and therefore needs to be reconsidered.

The High Court, therefore, set aside the previous order, and directed the Magistrate Court to reconsider whether Section 323 Cr.P.C should be invoked or not. This directive comes in light of the observations made in the High Court’s order, emphasizing the need for a proper “speaking order” before making such a significant change in the trial’s jurisdiction.

The case has been sent back to the lower court for reconsideration, in line with the High Court’s observations.

Legal experts say this judgment could serve as a precedent, reiterating the importance of due process and proper reasoning in legal proceedings.

Date of Decision: 16 October 2023

KUTHIRALAMUTTAM SAJI   VS  STATE OF KERALA