IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 166 of 2008() ------------------------ AGAINST THE ORDER IN CMP.4275/07 IN CC.19/2007 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER: ------------ SALMA SHAJI, AGED 37 YEARS, W/O.SHAJI, MUNDAKKAL HOUSE, THODUPUZHA EAST P.O. MANGATTUKAVALA, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENTS: ----------------- 1. ABDUL SALAM, S/O.KHANI, OLICKAL VEEDU, MANGATTUKAVALA BHAGOM, THODUPUZHA EAST, THODUPUZHA VILLAGE. 2. SUDHEER, S/O.ZAMIR, VANNAPUZHA NJALIL VEETTIL, THODUPUZHA KARA, THODUPUZHA VILLAGE. 3. SHEMIR, S/O. IBRAHIM, KUNNANANICKAL VEEDU, THODUPUZHA KARA, THODUPUZHA VILLAGE. 4. AFSAL, S/O.SAITHU MOHAMMED, CHANDAKUNNU BHAGOM, THODUPUZHA KARA, THODUPUZHA VILLAGE. 5. ABDUL SALAM & OTHERS, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.209/06 OF THODUPUZHA POLICE STATION) R5 BY PUBLIC PROSECUTOR, SRI.GIKKU JACOB R1 TO R4 BY SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 166 OF 2008 ----------------------------------------------- Dated this the 28th day of May, 2008 O R D E R An unnecessary dispute is now agreed to be resolved by the sublime stand taken by both counsel. The petitioner and respondents 1 to 4 are accused and defacto complainants respectively in two separate prosecutions charge sheeted by the same police. There is a contention that these cases are in the nature of a case and a counter case. Of course that contention is stoutly opposed by one side. Be that as it may, the prosecutions were pending before two different courts, one before the CJM, Thodupuzha and the other before JFCM, Thodupuzha. The learned CJM transferred the case pending before him to the court of JFCM at the instance of the accused in that case, allegedly without notice to the injured, i.e., the petitioner herein. The petitioner herein has hence come before this Court with a grievance about the transfer without notice to the petitioner. Another Bench of this Court has called for remarks of the Chief Judicial Magistrate. I do not find anything tangible to show that such notice has been given to the petitioner. In the course of Crl.M.C. No. 166 OF 2008 2 discussions at the Bar this Court wanted to ascertain whether both sides can agree to the cases being tried and disposed of by the learned CJM, Thodupuzha. It is agreed that, that course can be adopted. I am satisfied in these circumstances that this Crl.M.C can be allowed in part and directions issued. 2. In the result, this Crl.M.C. is allowed as agreed by both sides. It is directed that CC No. 19/2007 which was pending before the court of CJM, Thodupuzha and which is ordered to be transferred under Section 410/192 Cr.P.C and CC No.711/2006 pending before JFCM, Thodupuzha shall both be withdrawn by the learned CJM to his court and the same shall be disposed of as expeditiously as possible. Without prejudice to the contentions of both sides, the two cases shall be reckoned as if they are a case and a counter case. R. BASANT, JUDGE ttb Crl.M.C. No. 166 OF 2008 3 Crl.M.C. No. 166 OF 2008 4 Crl.M.C. No. 166 OF 2008 5