IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.MC.No. 1074 of 2011() ------------------------------------- SC.100/2010 of ADDITIONAL. SESSIONS (SPECIAL COURT), KOTTAYAM .................... PETITIONER/2ND ACCUSED. ----------------------------------------- T.M. SASHI, THOTTUNGAL VEEDU, KOTTAPPURAM, ALANGAD P.O., ERNAKULAM DISTRICT, PIN-683 511. BY ADV. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY, SRI.ANOOP.V.NAIR. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUPERINTENDENT OF POLICE, CBCID, SIG-II, ERNAKULAM, KOCHI-31. R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1074 of 2011 -------------------------------------- Dated this the 1st day of April, 2011. ORDER The second accused in S.C.No.100 of 2010 of the court of learned Additional Sessions Judge (Special Court), Kottayam is the petitioner before me. Police registered separate cases for offences punishable under Sections 344, 372, 372, 342, 377, 336(1) and 109 read with Section 34 of the Indian Penal Code and Sections 3(1) and 5(1)(d)(ii) of the Immoral Traffic (Prevention) Act, all with respect to the same victim. Separate cases were filed against each of the alleged assailants for each incident. One case registered against petitioner is S.C.No.100 of 2010. Yet another case registered against petitioner though for similar offences and concerning the same victim is pending before learned Judicial First Class Magistrate-I, Ernakulam in committal proceeding as C.P.No.7 of 2010. Request of petitioner is that trial of S.C.No.100 of 2010 may be adjourned until learned Magistrate committed the case in C.P.No.7 of 2010 so that there could a simultaneous trial of the two cases. Learned counsel has pointed out that the victim had approached this Court in Crl.M.C. No.2357 of 2009 and by Annexure-I, order dated 28.09.2010 this Court directed learned Additional Sessions Judge (Special Judge), Kottayam to consider request of the victim to examine her on a day or the succeeding days if examination is not Crl.MC No.1074/2011 2 completed in all the cases separately and continue trial of the cases separately thereafter. Accordingly learned Special Judge has scheduled the cases for trial from 18.04.2011 onwards. 2. In relation to S.C.No.100 of 2010 and the case involved in C.P.No.7 of 2010 what is common is only that alleged assailant and victim are the same and in other respects, the incidents are different. In such a situation there is no possibility of joint trial of S.C.No.100 of 2010 with the case in C.P.No.7 of 2010 The Supreme Court has directed expeditious trial of the cases and taking note that the learned Special Judge has scheduled S.C.No.100 of 2010 for trial from 18.04.2011 onwards. The request to adjourn trial of that case in the circumstances cannot be allowed. But it is open to the petitioner to request learned Judicial First Class Magistrate-I, Ernakulam to commit the case in C.P. No.7 of 2010 as early as possible if other formalities are over and if there is no other legal impediment in doing so. This Criminal Miscellaneous Case is disposed of with the above observation. THOMAS P.JOSEPH, Judge. cks