IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Tr.P(Crl.).No. 96 of 2009() --------------------------- CC.90/2007 of J.M.F.C.,MATTANNUR .................... PETITIONER(S): --------------- JOSHY VELLAPANIYIL, S/O.CHERIYAN, ARALAM, CHATHIRUR, IRITTY, KANNUR DISTRICT. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ARALAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Tr.P.(Crl.).NO.96 OF 2009 ------------------------------------------ Dated 14th October 2009 O R D E R This petition is filed for a direction to Judicial First Class Magistrate, Mattannur to commit C.C.90/2007 to the Additional Assistant Sessions court, Thalassery, so as to try the case along with S.C.372/2007. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel appearing for the petitioner is that the incidents in C.C.90/2007 and S.C.372/2007 are same and therefore, both cases are to be tried by the same court. If the prosecution case in C.C.90/2007 is a different version of the same incident alleged in S.C.372/2007 and one is the main case and other is its counter case, both cases are to be tried by the same court. On the other hand, if they are different incidents, the cases need not be tried by the same court. It is for the learned Magistrate to decide whether C.C.90/2007 Tr.P.(Crl) 96/09 2 is to be tried by the Sessions court, as the incident in that case is also the incident for which the case is pending before the Sessions court. Petitioner is at liberty to move the learned Magistrate, as provided under Section 323 of Code of Criminal Procedure. If such petition is filed Magistrate to pass appropriate orders in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.