IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Crl.MC.No. 130 of 2010() ----------------------------------- CC.NO.74 OF 2009 OF CHIEF JUDICIAL MAGISTRATE'S COURT, PALAKKAD ..... (CRIME NO.515/2008 OF PALAKKAD TOWN SOUTH POLICE STATION) PETITIONER(S): ------------------------- SYAMALAKUMARAN.A., S/O.APPUKUTTAN, PARAPPANA HOUSE, KINASSERY POST, PALAKKAD DISTRICT. BY ADV. MR.SAJAN VARGHEESE K. RESPONDENT(S): ---------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT. REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.130 OF 2010 ------------------------------------------ Dated 14th January 2010 O R D E R Petitioner is the de facto complainant in C.M.P.2980/2009 on the file of Judicial First Class Magistrate-III, Palakkad which is a counter case of C.C.74/2009 pending before Chief Judicial Magistrate, Palakkad taken cognizance on Annexure-B final report submitted by the Sub Inspector of police after investigation, under Sections 324, 427, 341 and 326 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to Judicial First Class Magistrate-III, Palakkad to complete enquiry under Section 202 in Crmc 130/10 2 C.M.P.2980/2009 and for a direction to the Chief Judicial Magistrate to keep trial in the C.C.74/2009 in abeyance till cognizance in private complaint is taken, so that main case and the counter case could be tried by the same Magistrate. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Private complaint filed by the petitioner, according to the learned counsel, is at the fag end of the inquiry under Section 202 of Code of Criminal Procedure and only one doctor is to be examined. It is for the learned Judicial First Class Magistrate-III, Palakkad to decide whether cognizance of the offence alleged in the said complaint is to be Crmc 130/10 3 taken or not. If cognizance of the offence on the private complaint is taken, it being a counter case of C.C.74/2009, both cases are to be tried by the same Magistrate one after other. But before taking cognizance of the offence in C.M.P.2980/2009 there cannot be a direction for trial of C.C.74/2009 with that case. Even if cognizance is taken in C.M.P.2980/2009, that case cannot be tried jointly with C.C.74/2009. It can only be provided that both the cases are to be tried by the same Magistrate one after other to avoid conflicting decisions. 4. In such circumstances, Judicial First Class Magistrate-III, Palakkad is directed to complete the inquiry under Section 202 of Code of Criminal Procedure Crmc 130/10 4 and decide whether cognizance of the offence as alleged is to be taken or not, as expeditiously as possible, at any rate within 30 days from the date of receipt of copy of this order, as it is represented by the learned counsel appearing for the complainant therein that complainant is not proposed to examine any other witness except the doctor. Chief Judicial Magistrate, Palakkad is to try the case, if the learned Magistrate takes cognizance of the offence in C.M.P.2980/2009 and in that case it is to be tried after the trial of C.C.74/2009. It is made clear that there cannot be a joint trial and the counter case, even if taken cognizance, can only be tried after the trial of C.C.74/2009 with a rider that argument in both the cases are Crmc 130/10 5 to be heard on the same day and both cases are disposed by separate judgments on the same day and evidence in one case shall not be looked into in the other. M.SASIDHARAN NAMBIAR, JUDGE. uj.