IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 378 of 2009(B) ------------------------------------ CC.NO.483/2005 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... PETITIONER/ ACCUSED NO.1: ------------------------------------------- R.K.RAGHAVAN, S/O.AANDY, 58 YEARS, SCHOOL MANAGER, PACHAPOIKA, KUTHUPARAMBA, THALASSERY. BY ADV. MR.K.P.HAREENDRAN. RESPONDENTS/COMPLAINANT/ ACCUSED NO.2 AND STATE: ---------------------------------------------------------------------------------------- 1. K.V.VIJESH, S/O.VIJAYAN 35 YEARS, DRIVER,JISHA HOUSE,KOTTAYAM MALABAR, P.O.KOTTAYAM MALABAR. 2. M.K.RANJITH, S/O.PADMAN, 55 YEARS, ADVOCATE,RESIDING AT KUTHUPARAMBA, P.O.KUTHUPARAMBA 3. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR. GIKKU JACOB, R1 BY ADV. MR.CIBI THOMAS. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 378 of 2009-B ================== Dated this the 4th day of June, 2009. O R D E R The first accused in C.C.No.483/2005 on the file of Judicial First Class Magistrate Court, Koothuparamba, filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure A1 complaint, which was taken cognizance by the Magistrate for the offence under Section 406 read with Section 34 of Indian Penal Code. Case of the petitioner is that C.C.No.230/2006 on the file of Additional Chief Judicial Magistrate, Thalassery is in respect of one and the same incident and as it was taken cognizance and is pending C.C.No.483/2005 is to be quashed. 2. Learned Counsel appearing for first respondent and learned Public Prosecutor were heard. Crl.M.C.No.378/2009-B -2- 3. Learned Counsel for first respondent pointed out that in C.C.No.230/2006, petitioner is the accused and in C.C.No.483/2005 in addition to the petitioner, second accused is also a party and in such circumstances for the reason that C.C.No.230/2006 is pending, the other case cannot be quashed. So long as petitioner is not convicted or acquitted after trial and C.C.No.230/2006 is at the stage of questioning under Section 313 of Code of Criminal Procedure, trial in C.C.No.483/2005 is not hit by Section 300 of Code of Criminal Procedure. If grievance of petitioner is that if the cases are tried before two courts, it will cause prejudice, petitioner is at liberty to seek trial by the same Court by transferring one of the cases to the other court. In such circumstances petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr