IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1847 of 2010() ------------------------- CMP.1160/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKKAD .................... PETITIONER(S): PETITIONER IN CMP NO.1160 OF 2008/ DEFACTO COMPLAINANT: ----------------------------------------------------------------- MUHAMMED ALI, S/O.CHALIYAN ABU, AGED 38 YEARS, RESIDING AT CHALIYAN HOUSE, THIRUVIZHAMKUNNU, THIRUVIZHAMKUNNU POST, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.S.ABDUL SALAM, SRI.ANEESH CHIDAMBARAN. RESPONDENT(S): (COUNTER PETITIONERS/ACCUSED PERSONS): -------------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. KUTTIKKODAN IBRAHIM ALIAS RAYIPPU, AGED 50 YEARS, S/O.MOOSA RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 3. KUTTIKKODAN HAKKIM, AGED 32 YEARS, S/O.IBRAHIM ALIAS RAYIPPU, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 4. KUTTIKKODAN ALAVI, AGED 40 YEARS, S/O.KUNJAYAMU, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU, POST, MANNARKKAD TALUK. 5. KUTTIKKODAN ASHARAF, AGED 29 YEARS, S/O.IBRAHIM ALIAS RAYIPPU RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. Kss ..2/- ..2.... CRMC.NO.1847/2010 6. KALATHIL HAMZAPPA, AGED 30 YEARS, S/O.KUNJIPPA, RESIDING AT KALATHIL HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 7. POOKODAN FAISAL, AGED 25 YEARS, S/O.MUHAMMED, RESIDING AT POOKODAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 8. KUTTIKKODAN JAMEELA, AGED 38 YEARS, D/O.KUTTIKKODAN KUNJAYAMU RESIDING AT KUTTIKKODAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 9. KUTTIKADAN SHAJI ALIAS RAYIPPU, AGED 26 YEARS, S/O.IBRAHIM ALIAS RAYIPPU RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 10. THEKKAN SIAFUDHEEN, AGED 32 YEARS, S/O.MAMMU ALIAS BAPPUTTY RESIDING AT THEKKAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 11. KALATHIL MUHAMMED ALIAS BAPPU, AGED 56 YEARS, S/O.KUJAHAMMED RESIDING AT KALATHIL HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 12. KUTTIKADAN RASHEED, AGED 32 YEARS, S/O.KUNJAYAMU, RESIDING AT KUTTIKKODAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. 13. KUTTIKADAN SUHARA, AGED 35 YEARS, W/O.KUTTIKKODAN ALAVI, RESIDING AT KUTTIKADAN HOUSE, THIRUVIZHAM KUNNU POST, MANNARKKAD TALUK. R1 BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1847 of 2010 -------------------------------------- Dated this the 7th day of June, 2010 ORDER Petitioner, who is the de facto complainant in C.C.No.115/2008 on the file of the J.F.C.M Court, Mannarkkad and who is also the complainant in C.P.No.102/2009 on the file of the same, arising out of a private complaint filed by him as C.M.P.No.1160/2008, challenges Annexure A1 order dated 12.8.2009 passed by the learned Magistrate dismissing the petitioner's application filed as CMP No.1160/2008 for clubbing of the two cases under Section 210 Cr.P.C. 2. In the C.C.No.115/2008 arising out of a charge sheet filed by the Nattukal Police in Crime No.51/2008, the offences involved are those punishable under Section 143, 147, 148, 341, 323, 324, 355, 506(ii) and 427 read with 149 IPC. The offences involved in the private complaint filed as C.M.P.No.1160/08 are the aforesaid offences and also an offence punishable under Section 307 IPC. According to the petitioner the above private complaint was filed on account of the failure by the Police to incorporate the offence punishable under Section 307 IPC in Crime No.51/2008 referred to above. Crl.M.C. No.1847 of 2010 : 2 : The accused persons in both the cases are the same and except for the offence punishable under Section 307 IPC, the rest of the offences are also common. Even though the learned Magistrate did not allow the petitioner to club the two cases as per the impugned order, the learned Magistrate however decided to commit C.P.No.102/09 as well as C.C.No.115/08 to the Court of Sessions under Section 209 Cr.P.C. As mentioned earlier, since the accused persons in both the cases are the same and except for the offence punishable under Section 307 IPC the remaining offences are common to both the cases, this is the a fit case in which the Sessions Court could consider clubbing of the two cases. In case that court is not prepared to club the two cases together for consolidation and joint trial, that court shall permit the petitioner to examine the common witnesses in both the cases without duplicating their evidence in the two cases. With this direction this Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb