IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Crl.MC.No. 2827 of 2009 --------------------------------------- SC.56/2009 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM .................... PETITIONERS/ACCUSED 1 TO 6: 1. SALIN C.NARAYANAN, CHORIYAM MAKKAL VEEDU, KURIVIKKOODU BHAGAM, ELIKKULAM KARA, ELIKKULAM VILLAGE. 2. SUNIL KUMAR, DO. DO. 3. GOPIDAS,S/O.PARAMESWARAN, PULINTHANANTH VEEDU, NAIPLAVE BHAGOM-CHENGALAM VILLAGE. 4. MOHANKUMAR, S/O.CHELLAPPAN PILLAI, THOPPIL HOUSE, PANAKKAPALAM KARA, THALAPALM VILLAGE. 5. KUTTYKRISHNAN, S/O.VELAYUDHAN NAIR, KAVEMKAL HOUSE,VAKKAPULAM, POOVARANI KARA- MEENACHIL VILLAGE. 6. SASIDHARAN NAIR, S/O.KRISHNAN NAIR, THAKKANAL HOUSE, KAPPALIKUNNU BHAGOM, POOVARANI KARA-MEENACHIL VILLAGE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2827 of 2009 -------------------------- ORDER Petitioners are the accused in S.C.No.56/2009 on the file of Additional Sessions Court, Kottayam. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Additional Sessions Judge, Kottayam to conduct trial of the sessions case along with C.M.P.Nos. 2381/2007 and 2382/2007 pending on the file of Judicial First Class Magistrate's Court-II, Kanjirappally after its committal. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. When C.M.P.Nos.2381/2007 and 2382/2007 are pending before Judicial First Class Magistrate's Court-II, Kanjirappally and an order of committal is yet to be passed, there cannot be a direction to the Additional Sessions Judge to conduct trial of S.C.No.56/2009 along with the other cases. Learned CRMC 2827/09 2 counsel appearing for the petitioner then submitted that there may be a direction to the Judicial First Class Magistrate-II, Kanjirappally to dispose of C.M.P.Nos.2381/2007 and 2382/2007 expeditiously. Petition is disposed directing Judicial First Class Magistrate-II, Kanjirappally to pass appropriate final orders in C.M.P.Nos.2381/2007 and 2382/2009 as expeditiously as possible. 20th October, 2009 (M.Sasidharan Nambiar, Judge) tkv