IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Crl.MC.No. 4260 of 2010() ------------------------------------- CP.38/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONERS/ACCUSED NOS 1, 90, 105 AND 106 ----------------------------------------------------------------------- 1. NISSAR.S, S/O. SHAHUL HAMEED, THOLIYANIKKARAPUTHEN VEEDU, ANAPPARA, PATHANAMTHITTA. 2. BUHARI. K.S., S/O. SAIDU MUHAMMED, KUZHIPPURAYIDAM, KUMBAZHA.P.O., PATHANAMTHITTA. 3. NAJEEM RAJAN, S/O. HASSANKANNU, SANOOJA MANZIL, KUMBAZHA.P.O., PATHANAMTHITTA. 4. ANAS, S/O. HASSANKANNU, SANOOJA MANZIL, KUMBAZHA.P.O.,PATHANAMTHITTA. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.B. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4260 OF 2010 --------------------------------------------- Dated 20th October, 2010 O R D E R Petitioners are accused 1,90, 105 and 106 in C.P.38/2004 on the file of Judicial First Class Magistrate's Court-I, Pathanamthitta. As presence of some of the accused could be procured, case against them alone was committed. It is now pending as S.C.422/2006 before Additional Sessions Judge (Fast Track, Adhoc-I), Pathanamthitta. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to commit the case against the petitioners and for a direction to the Sessions Court to try the case so committed along with S.C.422/2006. 2. Learned counsel appearing for the petitioner was heard. Crmc 4260/10 2 3. Case against some of the accused was committed in 2006 itself. Case against petitioners was not committed due to their failure to appear. As and when petitioners appear, Magistrate has to commit the case to the learned Sessions Court as provided under Section 209 of Code of Criminal Procedure without waiting for procuring the presence of all the absconding accused. But there cannot be a direction to the Sessions Court to try the case of the petitioners with the case pending from 2006 onwards, as the case is yet to be committed. Petition is disposed directing Judicial First Class Magistrate-I, Pathanamthitta to commit the case, when absconding accused all appear in C.P.38/2004 to the Sessions Court. M.SASIDHARAN NAMBIAR, JUDGE. uj.