IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Crl.MC.No. 3301 of 2008() ------------------------- ST.2496/2004 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY CRIME NO.232/04 OF THE CHANGANASSERY POLICE STATION .................... PETITIONER: ------------ ROY THOMAS, S/O KURIAKOSE THOMAS ADVOCATE, KAILATH HOUSE, KOTTAMURI P.O., THRIKKODITHANAM, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHANGANASSERY POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3301 of 2008 ------------------------------------------------- Dated this the 29th day of August, 2008 ORDER The petitioner is the sole accused in S.T.No.2496/04 pending before the learned Judicial Magistrate of the First Class, Changanassery. Cognizance in that case has been taken on the basis of a final report submitted by the police. The petitioner had come to this Court earlier for quashing of the proceedings initiated against him and by order dated 26/8/08 in Crl.M.C.No.3260/08, that petition was dismissed as withdrawn. After discussions at the Bar, the learned counsel for the petitioner immediately thereafter sought the leave of the court to move this Crl.M.C. and accordingly this Crl.M.C. has been filed. 2. According to the petitioner, there is a counter case pending before the same court i.e., the learned Judicial Crl.M.C. No. 3301 of 2008 -: 2 :- Magistrate of the First Class, Changanassery, and the same was numbered as C.C.No.993/04. In that case, cognizance was taken against the police officials, one of whom figures as the de facto complainant in this case. Cognizance so taken was challenged before the Sessions Court, Kottayam and the Sessions Court, Kottayam, as per an interim order in Crl.R.P.No.7/08, has stayed further proceedings in that case. The petitioner prays that there may be a direction that the cases being in the nature of a case and counter case, the trial in this case may not be proceeded with before the Crl.R.P. is disposed of and a decision is taken regarding the necessity to continue the counter case. 3. If the two cases are in the nature of a case and counter case, needless to say, the learned Magistrate has to ensure that they are taken up for trial and disposed of in accordance with the well established principles for trial of a case and counter case. The petitioner can move the learned Magistrate and the learned Magistrate, needless to say, must take appropriate decision on the request of the petitioner to ensure that both cases are disposed of only together. Crl.M.C. No. 3301 of 2008 -: 3 :- 4. With the above observations, this Crl.M.C. is dismissed. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge