IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.MC.No. 443 of 2009() ------------------------ CC.131/2007 AND CMP NO.4636/08 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): --------------- K.SREELESH, S/O.CHANDRAN 34 YEARS, KOTTIYALI HOUSE, PO.KALLIKUNNU, KANNUR-4 BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT(S): --------------- 1. OLACHERY PUTHIYAPURAYIL JAJAN @ JAYARAJAN, S/O.ROHINIAGED 49 YEARS, NR.PULUKKOPALAM, ELAYAVOOR ROAD, THAZHE CHOVVA, KANNUR. 2. OLACHERY PUTHIYAPURAYIL JYOTHI LAKSHMI D/O.ROHINI AGED 41 YEARS, D/O.ROPHINI AGED 41 YEARS NR.PULUKKOPALAM, ELAYAVOOR ROAD, THAZHE CHOVVA, KANNUR. 3. OLACHERY PUTHIYAPURAYIL LEENA KUMARI D/O.ROHINI AGED 34 YEARS, NR/PULUKKOPALAM, ELAYAVOOR ROAD, THAZHE CHOVVA, KANNUR. 4. MR.RAVEENDRAN, 41 YEARS, POLICE CONSTABLE, DCRB, SP. OFFICE, KANNUR 5. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 443 of 2009 ------------------------------------------------- Dated this the 30th day of January, 2009 ORDER The petitioner is the victim in a crime alleging offences punishable, inter alia, under Sec.468 read with Sec.34 IPC. The petitioner had filed a private complaint and the same was referred to the police under Sec.156(3) Cr.P.C. The petitioner had alleged that four persons have committed the offence. After completing the investigation, final report was filed only against 2 of the 4 accused persons shown as accused in the complaint. The police came to the conclusion that the other two accused had not committed any offence. Cognizance was taken. A Calendar Case was registered. The said case stands posted for trial to 18/2/09. 2. The petitioner was dissatisfied with the final report filed by the police. He therefore filed a protest complaint Crl.M.C. No. 443 of 2009 -: 2 :- repeating the allegations against all the 4 accused persons. That complaint is pending before the same court as C.M.P.No.4636/08. No orders have been passed under Sec.203/204 Cr.P.C. yet. 3. The petitioner has now come to this Court complaining that the two cases deserve to be tried together. The learned Magistrate if satisfied that consolidation of charges is possible can do the same. If not, trials must proceed simultaneously and judgment must be pronounced simultaneously one after the other in accordance with the well established principles of criminal trial. Even before cognizance is taken on the protest complaint (or it is dismissed), it is not proper to proceed with the trial in the police charge case i.e., C.C.No.131/07, submits the learned counsel for the petitioner. 4. I find merit in that submission. I am satisfied that appropriate directions can be issued in this Crl.M.C. I am satisfied that it is not necessary to wait for issue and return of notice to the respondent/accused to grant the relief which I propose to grant in favour of the petitioner. 5. In the result: (a) This Crl.M.C. is allowed. (b) The learned JFCM-I, Kannur, is directed to pass Crl.M.C. No. 443 of 2009 -: 3 :- appropriate orders in C.M.P.No.4646/08 in accordance with law under Sec.203/204 Cr.P.C. and to proceed with the trial in C.C.No.131/07 in accordance with law only after such decision is taken in C.M.P.No.4636/08. 6. 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 Crl.M.C. No. 443 of 2009 -: 4 :-