Sellaiya Sribalan Vs The Attorney General – CA (PHC) APN 09/2012 -2012

In the matter of Sellaiya Sribalan, the accused-petitioner challenged the High Court’s jurisdiction to try charges under Section 25 of the Debt Recovery (Special Provisions) Act, arguing these were summary offences triable by the Magistrate’s Court. The core legal issue was whether the Attorney General possesses the authority to directly forward an indictment for a summary offence to the High Court, thereby vesting jurisdiction in the High Court and divesting the Magistrate’s Court. It was determined that the Attorney General holds this power under Section 393(7) of the Code of Criminal Procedure Act, reaffirming the principle that the High Court acquires jurisdiction upon such an indictment. This decision relied on Section 11 of the Code of Criminal Procedure Act and Section 9(1) of the J