IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Crl.MC.No. 3644 of 2011() ------------------------- CC.No.1026/2006 & 1229 /2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... PETITIONER(S)/ACCUSED NO.1 :- ------------------------------------------------ SURESH, AGED 48, S/O. KARAPPAN, KUNDUMATTATHIL, CHALAKKUDY, MUKUNDAPURAM TALUK-680 307. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.J.MOHAMMED ANZAR SRI.K.A.SHAMSUDEEN SRI.V.K.MEETHIANKUNJU SMT.BHAMA G. NAIR RESPONDENT(S)/COMPLAINANT, STATE & DEFACTO COMPLAINANT :- ------------------------------------------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, CHALAKUDY-680 307. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-683 031. 3. POULOSE, S/O. VAREED, KAITHARATH MANAPPURAM, CHALAKUDY, MUKUNDAPURAM-680 307. PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 3644 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure 1 :- Copy of the Wound Certificate dated 8.1.2006 in respect of the petitioner. Annexure 2 :- Copy of the Charge Sheet in C.C.No.1026/06 of the Judicial First Class Magistrate Court, Chalakudy. Anneuxre 3 :- Copy of the Charge Sheet in C.C.No.1229/2006 of the Judicial First Class Magistrate Court, Chalakudy. Annexure 4 :- Copy of the Proceedings in C.C.No.1229/2006 of Judicial First Class Magistrate Court, Chalakudy. Annexure 5 :- Copy of the Proceedings in C.C.No.1026/2006 of Judicial First Class Magistrate Court, Chalakudy. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3644 of 2011 ----------------------------------- Dated this the 13th day of December 2011 O R D E R Petitioner is the first accused in C.C.No.1229/2006 on the file of J.F.C.M., Chalakudy. It is submitted by the learned counsel for the petitioner that there is a counter case to the aforesaid case which can be seen from Annexure 4 Proceedings Paper in C.C.No.1229/2006 itself. It is seen that the learned Magistrate posted C.C.No.1229/2006 along with counter case on several dates but nowhere the number of the counter case was mentioned. In C.C.No.1229/2006 the prosecution evidence was closed and the case is now pending for examination of the accused under Sec.313 Cr.P.C. 2. Learned Public Prosecutor submits that the counter case is C.C.No.1026/2006 and now it stands posted to 28.12.2011 for examination of the witnesses (as per the Crl.M.C. No.3644 of 2011 -: 2 :- instructions learned Public Prosecutor has received). Whatever that be, the learned Magistrate has to dispose of C.C.No.1229/2006 and C.C.No.1026/2009 simultaneously. This Crl.M.C. is ordered accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt