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Do special courts take away magistrate's power to hold trial? What Kerala High Court said
Update / Judgement Date
19 Nov 2024
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
The Kerala High Court ruled that magistrate courts retain jurisdiction to conduct criminal trials even if special courts exist for speedy trials. However, propriety demands that cases involving children should be tried by children’s courts. The case involved a magistrate court’s conviction of a man for sexually assaulting children, which was set aside by a sessions court due to the existence of a children’s court. The High Court quashed the sessions court’s order, emphasizing that a retrial would cause inordinate delays. The court noted that while the magistrate is competent to try such offences, the children’s court was specified for speedy trials. The High Court upheld the trial court’s judgment, highlighting the importance of avoiding unnecessary delays in justice. Advocates represented both the petitioners and the state, with the High Court ultimately supporting the trial court’s original decision.