IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Crl.MC.No. 1906 of 2009(E) ------------------------- SC.250/2008 and S.C.No.346/2008 OF ADDL.SESSIONS COURT (FAST TRACK COURT NO.I), MANJERI .................... PETITIONER(S): -------------------- KAVUNGAL ABDULLA, S/O.KUNHIPOCKER, POTTAMMAL HOUSE, PUKAYOOR, POTTANI, THIROORANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIROORANGADI POLICE-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. MUHAMMED KASIM, S/O.ALAVI, RAMANKODUMEL HOUSE, A.R.NAGAR, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. =================== Crl.M.C. No. 1906 of 2009-E =================== Dated this the 26th day of June, 2009. O R D E R Petitioner is the second accused in S.C.No.346/2008 and the main prosecution witness in S.C.No.250/2008 on the file of Additional Sessions Court (Fast Track-I), Manjeri. S.C.No.346/2008 and S.C.No.250/2008 are the main case and the counter case. Dissatisfied with the final report submitted by the Police, which was committed to the Sessions Court and being tried as S.C.No.250/2008, petitioner filed CMP No.3320/2008 before the Judicial First Class Magistrate Court, Parappanangadi, a private complaint alleging that apart from the accused facing trial in S.C.No.250/2008 some more accused are also involved and therefore they are also to be tried for the offences. That complaint is pending before the Judicial First Class Magistrate Court, Parappanangadi. The case taken cognizance on the final reports submitted by the Police after investigation under Section 173(2) of Code of Criminal Procedure in the main case as well as the counter Crl.M.C.No.1906/2009-E -2- case were committed. This petition is filed under Section 482 of Code of Criminal Procedure to direct Additional Sessions Court (Fast Track No.I), Manjeri to stay the proceedings in S.C.No.346/2008 and S.C.No.250/2008 till CMP No.3329/2008 is committed to the Sessions Court. 2. Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor also admitted that the private complaint, CMP No.3329/2008, filed by the petitioner on the allegation that apart from the accused now facing trial in S.C.No.250/2008, some other accused are also involved is pending inquiry before the Magistrate. When the offences alleged against those persons are exclusively triable by the Sessions Court, the Magistrate after inquiry can only commit the case to the Sessions Court. As it is a private complaint, Magistrate has to record the statements of all the witnesses before committal. Once that case is committed, it is to be tried along with S.C.No.250/2008 and S.C.No.346/2008, though that case cannot be tried jointly with S.C.No.250/2008 being a counter case, it is to be tried after recording the Crl.M.C.No.1906/2009-E -3- evidence in C.C.No.250/2008 and the judgment in both the cases is to be pronounced on the same day along with S.C.No. 250/2008. Therefore when the private complaint, CMP No.3329/2008, now pending inquiry before Judicial First Class Magistrate, Parappanangadi, if committed and it is to be tried along with S.C.No.250/2008, learned Sessions Judge has to wait the committal of the case for trial of S.C.No.250/2008. Naturally, trial of S.C.No.346/2008 is also to be postponed till the trial in S.C.No.250/2008 begins. 4. Crl.M.C. is disposed directing Additional Sessions Judge (Fast Track No.I), Manjeri to postpone the trial of S.C.No.346/2008 and S.C.No.250/2008 till Judicial First Class Magistrate, Parappanangadi decides CMP No.3329/2008. Judicial First Class Magistrate, Parappanangadi is directed to expedite the inquiry proceedings in CMP No.3329/2008. M.SASIDHARAN NAMBIAR JUDGE dkr