IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Crl.MC.No. 3211 of 2008() ------------------------- SC.50/2007 OF ADDL. SESSIONS COURT, (ADHOC), PALAKKAD CMP.5911/2003 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD. .................... PETITIONER/ ACCUSED NO.1: ------------------------------------------- SANTO,AGED 38, KOZHIPURAM HOUSE, MARATHATTI, SHOLAYAR. BY ADV. SRI.P.VIJAYA BHANU, ADV. SRI.M.REVIKRISHNAN. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3211 of 2008 ---------------------------------------- Dated this the 6th day of October 2008 O R D E R The short grievance of the petitioner, who along with the co- accused faces indictment in a prosecution for offences punishable inter alia Section 8 of the Kerala Abkari Act and under Section 307 read with 34 I.P.C, is that a counter case filed by him has not been committed to the court of Session yet. But still the learned Sessions Judge is making steps to expeditiously list the sessions case that is S.C.No.50/07 for trial. At the time when this Crl.M.C was filed, cognizance has not been taken in the counter case filed by the complainant. Directions were issued to the learned J.F.C.M, Mannarkkad. Report of the learned Magistrate now shows that cognizance has already been taken now as C.C.No.248/08. The matter stands posted for appearance of the accused to 31/12/2008, it is submitted. 2. I am at a loss to understand why the learned Magistrate, even after being appraised of the fact that the allegations are in the nature of a case and counter case and that S.C.No.50/07, the main case, is about to be listed for trial, posted the case to a distant date, that is 31/12/2008. The learned Magistrate must have shown a sense of urgency and must have attempted to expeditiously Crl.M.C.No.3211/08 2 complete the proceedings in C.C.No.248/08. If, as a matter of fact, C.C.No.248/08 and S.C.No.50/07 are in the nature of allegations and counter allegations, the learned Magistrate must expeditiously take steps to commit S.C.No.248/08 under Section 323 I.P.C. It will be a traversity of justice, if the Sessions case were taken up for trial and disposed of before the counter case, if that be a counter case, is committed to the court of Session. The petitioner can apprise the learned Magistrate of the need for expeditious action in C.C.No.248/08. The learned Magistrate must advance the case, if necessary and pass appropriate orders and consider the request to commit the case as C.C.No.323 on merits. The petitioner can request the learned Sessions Judge not to list S.C.No.50/07 for trial on the ground that the same and C.C.No.248/08 are in the nature of an allegation and counter allegation. The learned Sessions Judge must also consider such request and take appropriate decision before S.C.No.50/07 is listed for trial. 3. With the above observations, after considering the report dated 29/9/2008 submitted by the learned Magistrate, this Crl.M.C is dismissed. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3211/08 3 The petitioner is the first accused and he faces indictment in a prosecution for offences punishable inter alia under Section 307 read with 34 I.P.C and Section 8 of the Kerala Abkari Act. The crux of the allegations is that when the police officials came to the premises of the petitioner he and his wife, the co-accused allegedly indulged in culpable overt acts against the detecting police officials. Investigation is complete. Final report has already been filed. Cognizance has been taken. The case has been committed to the court of Session. The case against the petitioner is pending as S.C.No.50/07. The petitioner, in the meantime, has filed C.M.P.No.5911/2003 alleging commission of offences punishable inter alia under Sections 324, 354 and 506 (ii) read with 149 I.P.C. The accused in that complaint are police officials who were allegedly present in the party which detected the crime under the Kerala Abkari Act. In that complaint,C.M.P.No.5911/2003, orders under Section 203/204 Cr.P.C have not been passed so far. The matter is dragging on. In these circumstances, the petitioner apprehends that the trial in S.C.No.50/07 may be taken up even before an order under Section 203/204 Cr.P.C is passed in the private complaint filed by him. If cognizance is taken, it will be necessary that the two cases are heard and disposed of by the same court reckoning the allegations to be in the nature of allegations and counter allegations. Crl.M.C.No.3211/08 4 2. I am satisfied, in these circumstances, that there can be a direction that the trial (examination of witnesses) in S.C.No.50/07 pending before the Additional Sessions Judge (Adhod-I), Palakkad should not commence until further orders. The learned Judicial First Class Magistrate Court, Mannarkkad shall be called upon to furnish a report about the stage of the proceedings in C.M.P.No.5911/2003. I need only mention that I expect the learned Magistrate to complete the enquiry under Section 202 Cr.P.C as expeditiously as possible and take appropriate decision under Section 203/204 Cr.P.C. In the report to be submitted, the learned Magistrate shall inform the court the probable time that will be required to take such decision under Section 203/204 Cr.P.C. 3. Await report of the learned Magistrate. Call on 15/9/2008. (R.BASANT, JUDGE) jsr Crl.M.C.No.3211/08 5 Crl.M.C.No.3211/08 6 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008