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Issues: Jurisdiction of lower court post establishment of special court, interpretation of the word "trial" in the context of criminal proceedings
In this judgment, the High Court of Kerala addressed the issue of jurisdiction of the lower court after the establishment of a special court for certain Central Acts. The complainant contended that the lower court had no jurisdiction to try the case post the establishment of the special court. The contention was based on a notification issued by the Government of Kerala establishing a special court for certain offences under Central Acts, including the Customs Act, 1962. The complainant argued that the lower court continued with the case even after the special court was established, which was in violation of the proviso to Section 11(1) of the Code of Criminal Procedure. The court analyzed the definition of the word "trial" in the context of the Code and previous judicial interpretations to determine the scope of trial proceedings. The court held that all steps taken by a criminal court subsequent to the framing of charges until the pronouncement of judgment can be considered as trial proceedings. The court also referred to previous judgments to support the broad interpretation of the word "trial" in Chapter XXI of the Code. Based on this analysis, the court concluded that hearing arguments and pronouncing judgment are integral parts of the trial process. Therefore, the lower court had acted without jurisdiction in hearing arguments and pronouncing judgment post the establishment of the special court. Consequently, the court quashed all steps taken by the lower court from the specified date onwards in the case. The High Court directed the remittance of the case to the special court for Economic Offences, specifically the Additional Chief Judicial Magistrate's Court in Ernakulam. The case was to proceed from the stage it was at immediately prior to the date when the lower court continued with the proceedings post the establishment of the special court. The Additional Chief Judicial Magistrate's Court was instructed to dispose of the case in accordance with the law and the observations made by the High Court. Emphasizing the need for expeditious disposal due to the age of the case, the High Court disposed of the appeal and Criminal Revision Case accordingly.
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