IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 13446 of 2005(A) -------------------------- CC.790/2004 & CC NO.815/2004 of J.M.F.C.-I,THRISSUR .................... PETITIONER(S): --------------- K.V.JOOJU, KUNDOLY HOUSE, PONNUVEETTIL LANE, PATTURAIKKAL, THRISSUR-1. BY ADV. SRI.M.S.UNNIKRISHNAN RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, THRISSUR EAST. 2. SUPERINTENDENT OF POLICE, THRISSUR. BY PUBLIC PROSECUTOR SMT. PUSHPALATHA M.K. FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA NO.9450/2005 IN WP(C) NO.13446/2005 DISMISSED 15.10.2008 Sd/- THOMAS P.JOSEPH, JUDGE //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.13446 of 2005 A -------------------------------------- Dated this the 15th day of October, 2008. JUDGMENT Heard both sides. 2. Petitioner alleged that a Constable attached to Thrissur East Police Station assaulted him and caused damage to his car on 20.3.2004 at about 11.45 p.m. and on the information given by the petitioner, case was registered as Crime No.223 of 2004 on the same day. Police registered Crime No.222 of 2004 against the petitioner on the same day. Petitioner came to this Court complaining that though police filed final report in Crime No.222 of 2004 and that case was taken on file as C.C.No.790 of 2004 of Judicial First Class Magistrate Court I, Thrissur, no final report has so far been filed in Crime No.223 of 2004 registered at his instance. He therefore, prayed that appropriate direction be issued to the respondents to submit final report in Crime No.223 of 2004 also so that, that case as well as C.C.No.790 of 2004 could be tried and disposed of simultaneously. 3. At the time of hearing, counsel for the petitioner submitted that final report has been filed in Crime No.223 of 2004 and that case is pending i the same court as C.C.No.815 of 2004. The prayer of the petitioner now is to issue a direction to learned Judicial First Class Magistrate-I, Thrissur to conduct simultaneous trial and disposal of the two cases. WP(C) No.13446/2005 2 4. There is no reason why such a direction is to be issued in the matter by this Court. It will be open to the petitioner to request learned magistrate for simultaneous trial and disposal of the two cases and if such a request is made, learned magistrate will certainly consider that request taking into account the nature of the allegations and counter allegations made in the cases and pass appropriate orders in the matter. With the above observation, this Writ Petition is dismissed. THOMAS P.JOSEPH, JUDGE. cks WP(C) No.13446/2005 3