IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4570 of 2008() ------------------------- CC.358/2005 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED --------------- A.RAMACHANDRAN, ANIZHAM HOUSE, TC6/461 (2), KUSHAKKODUMELE, THURUVIKKAL.P.O., TRIVANDRUM. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. SASIDHARAN.G., RESIDING AT KADUKKARA VEEDU, POONTHI ROAD, FRIENDS NAGAR, FNRA-8, KUMARAPURAM, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM-695 011. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4570 of 2008 ------------------------------------------------- Dated this the 26th day of November, 2008 ORDER The petitioner, along with another, faces indictment in a prosecution for offences punishable, inter alia, under Sec.325 read with Sec.34 IPC. Investigation is complete. Final report has already been filed and cognizance has been taken as early as in 2005 as is revealed from the number assigned to the case i.e., C.C.No.358/05. At long last, the case appears to have crept its way up and now stands listed for trial. At this juncture, the petitioner has come before this Court with this application under Sec.482 Cr.P.C. It is prayed that the final report filed against him may be quashed. In the alternative, it is prayed that the case may be directed to be tried along with C.C.No.157/05 which is pending before the same court. 2. I find absolutely no merit in the prayer to quash the Crl.M.C. No.4570 of 2008 -: 2 :- proceedings. It is clear as day light that the petitioner has come before this Court when this Calendar Case filed in 2005 has at last come up for trial solely for the purpose of avoiding the responsibility to get ready for trial in the listed case. I am, in these circumstances, not persuaded at all to invoke the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. 3. The next request of the counsel is that C.C.No.157/05 may be directed to be taken up for trial along with C.C.No.358/05. What is the reason? Admittedly, the cases are not in the nature of case and counter case. They relate to different incidents which had taken place on different dates. The learned counsel for the petitioner submits that the two matters are connected together, in that the parties are the same and the dispute which gave rise to both incidents is substantially the same. These, I am satisfied, are not sufficient reasons to justify the prayer for trial together of both cases. Of course, the petitioner can make a request to the learned Magistrate to list C.C.No.157/05 also for trial expeditiously and the learned Magistrate can consider that request. At any rate, I am not Crl.M.C. No.4570 of 2008 -: 3 :- persuaded to agree that any directions under Sec.482 Cr.P.C,. deserves to be issued. 4. This Crll.M.C. is accordingly dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge