IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Crl.MC.No. 247 of 2008() ------------------------ SC.296/2007 of VI ADDL.SESSIONS COURT, ERNAKULAM .................... PETITIONER: ACCUSED NOS. 1 TO 7 ------------------------------- 1. K.T.BABU, S/O THANKAPPAN, KIZHAKKUMPURATH HOUSE, UDAYAMPEROOR KARA, MANAKUNNAM VILLAGE. 2. I.D.RAJAPPAN, S/O DASAN, ILLATHUPARAMBU HOUSE, UDAYAMPEROOR. 3. K.D.NANDAKUMAR, S/O DAMODARAN, KANNANTHARAPPARAMBU VEEDU, KOLATHERI ROAD, UDAYAMPEROOR. 4. K.P.MOHANAN, S/O PURUSHAN, KOZHIPARAMBU, UDAYAMPEROOR. 5. V.P.CHANDRAN, S/O PARAMESWARAN, PADAKKATHARA HOUSE, PETTA, PUNITHURA. 6. BABU, S/O PAULOSE, PARAKODATHU LAKSHAMVEEDU, MARADU. 7. T.G.RAJAGOPAL, S/O GOVINDANKUTTY, THURUTHYPALLY HOUSE, MARADU. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.DELVIN JACOB MATHEWS SRI.SUJESH MENON V.B. RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 247 of 2008 ------------------------------------------------- Dated this the 12th day of August, 2008 ORDER The grievance of the petitioners was that though the case against them stood committed to the Court of Session, the counter case had not been committed. A report of the learned Additional Chief Judicial Magistrate, Ernakulam, was called for and the said report dated 6/8/08 reveals that the counter case has already been committed to the Court of Session on 30/7/08 under Sec.323 Cr.P.C. 2. In these circumstances, I am satisfied that the learned counsel for the petitioners accepts that no further directions are necessary in this Crl.M.C. The petitioners can move the Sessions Court to ensure that both the case and counter case are taken up for consideration together. 3. This Crl.M.C. is accordingly dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 247 of 2008 ------------------------------------------------- Dated this the 30th day of July, 2008 ORDER Call for a report from the learned Additional C.J.M., Ernakulam, as to why the case registered on the basis of a final report in Crime No.479/05 (which is said to be a counter case to Crime No.481/05 – S.C.No.296/07) is not committed to the Court of Session under Sec.323 Cr.P.C. so far. The report of the learned Additional C.J.M. must reach this Court by 12/8/08. Call on 12/8/08. 2. Interim stay shall now continue to remain in force till 31/8/08. 3. I need only observe that if there be no legal impediment, the learned Additional C.J.M. must do the needful to commit the said case, if such committal be necessary, by the next date of posting and report that fact to this Court in the report to be submitted. (R. BASANT, JUDGE) Nan/