IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2500 of 2010() ------------------------- SC.156/2008 of ASSISTANT SESSIONS COURT, TIRUR .................... PETITIONER(S): ------------------------ AVARANKUTTY, AGED 40 YEARS, S/O.KUNHEEN, CHERAYAMPURATHU HOUSE, P.O.KANMANAM, TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE KALPAKANCHERY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2500 of 2010 = = = = = = = = = = = = = = Dated this the 27 th day of July, 2010 ORDER Petitioner, who is the accused in C.C.No.478/2007 on the file of the J.F.C.M, Tirur arising out of Crime No.173/2002 of Kalpakanchery Police Station for offences punishable under sections 324 and 326 IPC seeks a direction to the Assistant Sessions Court, Tirur to conduct a joint trial of S.C.NO.156/2008 pending before that court along with C.C.No.478/2007, after committing the above C.C.case to the Sessions Court. S.C.No.156/2008 arose out of a private complaint filed by the de facto complainant against the petitioner alleging an offence punishable under Section 307 IPCl. Since both S.C.No.156/2008 and C.C.No.478/2007 arise out of the same occurrence, interests of justice require that both the cases are jointly tried by the same court. Since S.C.No.156/2008 is pending before the Assistant Sessions Court, it is only proper that C.C.No.478/2007 is also tried by the same court, but after a committal of the same by the learned Magistrate. Crl. M.C. No.2500 of 2010 2 2. Going by the report dated 9.7.2010 of the J.F.C.M, Tirur, C.C.No.478/2007 must have been committed to the court of Session. The Sessions Judge, Manjeri shall ensure that after C.C.No.478/2007 is committed to the Court of Session, it is made over to the Asst.Sessions court, Tirur to be tried along with S.C.No.156/2008. The process of making over shall be expedited so that there is no further delay in the trial of both the cases. This Crl.M.C is disposed of as above. Dated this the 27th day of July, 2010. V. RAMKUMAR, JUDGE sj