IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Crl.MC.No. 3709 of 2011() ------------------------- CC.778/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): CW2: --------------------------------- VIMAL KUMAR, S/O.VIJAYAN,KADAPPATHALA HOUSE, KOWDIAR P.O.,PEROORKADA,THIRUVANANTHAPURAM. BY ADVS. SRI.M.SREEKUMAR, SRI.K.P.JAYACHANDRAN. RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3709/2011 APPENDIX PETITIONERS' ANNEXURE: ANNEXURE A: TRUE COPY OF THE PETITION FILED BY PETITIONER IN CC NO.778/06 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III,THIRUVANANTHAPURAM DATED 10.10.2011. RESPONDENTS' ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3709 of 2011 ----------------------------------- Dated this the 31st day of October 2011 O R D E R Petitioner is CW2 in C.C.No.778/2006 on the file of J.F.C.M.-III, Thiruvananthapuram which was charge sheeted in Crime No.194/2006 of Cantonment Police Station. He is stated to be the first accused in Crime No.195/2006 of that police station which is now pending before the First Additional Assistant Sessions Court, Thiruvananthapuram as S.C.No.1582/2010. 2. The learned counsel for the petitioner submits that Crime Nos.194/2006 and 195/2006 arose out of the same incident; it is a case and counter case and as such, both cases are to be tried and disposed of by the same court. The learned Public Prosecutor does not dispute that fact. Hence, C.C.No.778/2006 has to be committed to the court of First Additional Assistant Sessions Court, Crl.M.C. No.3709 of 2011 -: 2 :- Thiruvananthapuram under Sec.323 Cr.P.C. In the result, this Crl.M.C. is allowed. The learned Magistrate will commit C.C.No.778/2006 to the court of Sessions, Thiruvananthapuram under Sec.323 Cr.P.C. Since S.C.No.1582/2010 is now stated to be pending before the First Additional Assistant Sessions Court, Thiruvananthapuram, the learned Sessions Judge will make over the aforesaid case (which was charge sheeted in Crime No.194/2006) to First Additional Assistant Sessions Court, Thiruvananthapuram for simultaneous trial and disposal. N.K.BALAKRISHNAN, JUDGE. Jvt