IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.MC.No. 1774 of 2007() ------------------------- SC.1098/2006 of SESSIONS COURT, THALASSERY .................... PETITIONER(S): ACCUSED NO.2 --------------------------- M.PRABHAKARAN, S/O.KANNAN, RETIRED SUB REGISTRAR, "SURABHI", PATHIRIYAD P.O., THALASSERY. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): COMPALINANT AND STATE ------------------------------------ 1. K.R.VIVEKANANDAN, S/O.RAMAKRISHNAN, JOINT INSPECTOR GENERAL OF REGISTRATION, VANJIYOOR, THIRUVANANTHAPURAM, (PERMANENTLY RESIDING AT ANUGRAH CONVENT ROAD, VATAKARA, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------------- Crl.M.C.No.1774 of 2007 -------------------------------------------- Dated this the 23rd day of March, 2010 ORDER This petition is filed by petitioner for quashing proceedings pursuant to Annexure-A1 complaint and to set aside the order issuing summons to petitioner. 2. Petitioner is accused no.2 in S.C.1098/2006 pending before the Sessions Court and the offences alleged are under Section 500 of the Indian Penal Code ('the Code' for short) read with 34 and 109 of the Code. The said case was taken on file on a complaint filed by the Public Prosecutor. In respect of the same offence, first respondent filed a private complaint before the Magistrate Court. Both the proceedings are now pending against petitioner. Petitioner seeks to quash the proceedings pending before the Sessions Court, since those are initiated after six months of the commission of offence. 3. Learned counsel for petitioner submitted that in respect of the same allegations, two proceedings are initiated before the Magistrate Court and Sessions Court. It is pointed out that a statement was filed on 2.7.2007 by the Joint Inspector General of Registration stating that he had filed a complaint before the Crl.M.C.No.1774 of 2007 2 Judicial Magistrate of First Class and matter is posted for enquiry before the said court. Subsequently, a complaint was filed by Public Prosecutor before the Sessions Court and the allegations in both the cases are in similar. Simultaneous proceedings on similar set of allegations cannot be sustained, as per law and it is also submitted that cognizance of the offence was taken by the Sessions Court only after a period of six months and no petition was filed for condonation of delay. The complainants' counsel submitted that the complaint will proceed with the case pending before the Magistrate and he is ready to withdraw the case pending before the Sessions Court. 4. On hearing both sides, it appears that both the cases pending before the Magistrate and Sessions Court are on same set of facts. It is conceded that cognizance was taken after a period of six months and there was no petition to condone the delay in instituting the proceedings. The aggrieved party is prepared to withdraw the case pending before the Sessions Court. At the same time, the proceedings pending before the Magistrate Court for the same offence is pending. In such circumstances, I am satisfied that, it will amount to abuse of process of court, if the proceedings in the Sessions Court are allowed to continue. Crl.M.C.No.1774 of 2007 3 5. Hence the following order is passed: The proceedings pending against petitioner in S.C.1096/2006 before the Sessions Court, Thalassery are hereby quashed. Petition is allowed. K.Hema, Judge cms