IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 31681 of 2007(V) -------------------------- CC.351/2000 of J.M.F.C.-II, ALUVA .................... PETITIONER: ------------ V.RADHAKRISHNAN,KAMALAYAM, PALAYAMKUNNU POST,VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.V.RADHAKRISHNAN (PARTY-IN-PERSON) RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. MARTIN.K.MATHEW, SUPERINTENDENT OF POLICE (CRIMES), CRIME BRANCH,ERNAKULAM. 3. P.K.MADHU, FORMER DEPUTY SUPERINTENDENT OF POLICE,(CRIMES), CBCID,THIRUVANANTHAPURAM. BY ADV. SRI. P.G. THAMBY, DGP SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31681 of 2007 : 2 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF JUDGMENT DATED 07.03.2005 IN W.P.(C) NO. 2571/2005 OF THIS HONOURABLE COURT. EXT.P2: TRUE COPY OF JUDGMENT IN C.C. NO. 1050/2006 DATED 30.08.2006 OF THIS HONOURABLE COURT. EXT.P3: TRUE COPY OF ORDER DATED 30.11.2006 IN C.M.P. NO. 2431/2006 IN C.C. NO. 351/2000 PASSED BY THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, ALUVA. EXT.P4: TRUE COPY OF ORDER DATED 17.01.2004 IN CRL. M.P. NO. 2823/2003 PASSED BY THE COURT OF THE SESSIONS JUDGE, ERNAKULAM. EXT.P5: TRUE COPY OF STATEMENT FILED ON BEHALF OF THE RESPONDENTS 5 TO 7 IN O.P. NO. 2853/1993 BEFORE THIS HONOURABLE COURT DATED 10.03.1993. EXT.P6: TRUE COPY OF PETITION IN C.C. NO. 351/2000 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALUVA DATED 16.05.2007. EXT.P7: PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, CBCID DATED 05.04.1995. EXT.P8: PHOTOSTAT COPY OF LETTER DATED 09.11.1995 SENT BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HOME (J) DEPARTMENT TO THE PETITIONER. EXT.P9: PHOTOSTAT COPY OF THE ORDER NO. T1/74270/2006 DATED 19.09.2006 ISSUED BY THE ADDITIONAL DIRECTOR GENERAL OF POLICE (HQ), THE APPELLATE AUTHORITY FOR POLICE DEPARTMENT, UNDER THE RIGHT TO INFORMATION ACT, 2005. /True Copy/ P.A to Judge. R.BASANT, J. ---------------------- W.P.C.No.31681 of 2007 ---------------------------------------- Dated this the 3rd day of December 2007 O R D E R The grievance of the petitioner is that though C.C.No.351/2000 pending before the Judicial First Class Magistrate Court-II, Aluva and S.C.No.124/96 pending before the Principal Assistant Sessions Court, North Paravur are cases, which, by their very nature, deserve to be tried by the same court, the learned Magistrate has not so far committed the case to the court of Session under Section 323 Cr.P.C. The petitioner relies on observations of the learned Sessions Judge in the order dated 17/1/2004 in Crl.M.P.No.2823/2003. According to the petitioner, he had filed an application before the learned Magistrate ( a copy of which is produced as Ext.P6). Inspite of that, the learned Magistrate has not passed any orders under Section 323 Cr.P.C. 2. The report of the learned Magistrate was called for. The learned Magistrate reports that no application has been filed before the learned Magistrate so far and no such unnumbered petition is pending. The petitioner who appears in person W.P.C.No.31681/07 2 submits that he had submitted the petition before the learned Magistrate; but the same has not been numbered and it has been returned to the Prosecutor. The original is still with the Prosecutor, it is submitted. 3. Be that as it may, it is not necessary for me to go into that dispute in any greater detail. It is for the learned Magistrate to consider whether C.C.No.351/2000 deserves to be committed to the court of Session invoking the powers under Section 323 Cr.P.C. Whether the petitioner has filed an application or not, the learned Magistrate must consider the order passed by the learned Sessions Judge dated 17/1/2004 in Crl.M.P.No.2823/2003 and proceed to pass appropriate orders under Section 323 Cr.P.C. Orders passed by this court earlier must also be considered by the learned Magistrate before taking a decision as to whether the case deserves to be committed under Section 323 Cr.P.C or not. 4. Await orders of the learned Magistrate. The petitioner shall file before the learned Magistrate Ext.P6 petition which contains his prayers afresh. The learned Magistrate must consider such prayer and pass appropriate orders by the next W.P.C.No.31681/07 3 hearing date. The petitioner shall file such petition before the learned Magistrate within a period of seven days. Await further report from the learned Magistrate. 5. Call on 19/12/2007. 6. Hand over copy of this order to the party in person. (R.BASANT, JUDGE) jsr W.P.C.No.31681/07 4 W.P.C.No.31681/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007