IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 3743 of 2010() ------------------------- SC.190/2010 of II ADDITIONAL SESSIONS COURT, THODUPUZHA CMP.985/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI .................... PETITIONER(S):-ACCUSED NOS.1 TO4 -------------------------------------------- 1. SABU AGED 40 YEARS, S/O.JOSEPH VEZHAMBASSERIL HOUSE, UPPUTHODU KARA, UPPUTHODU VILLAGE. 2. JOY AGED 42 YEARS, S/O.MATHEW VECHENIYIL HOUSE, UDAYAGIRI KARA, THANKAMONY VILLAGE. 3. SONY AGED 28 YEARS, S/O.MATHEW KULATHINKAL HOUSE, UDAYAGIRI KARA, THANKAMONY VILLAGE. 4. SABU AGED 38 YEARS, S/O.JOSEPH PUTHUPARAMBIL HOUSE, UPPUTHODU KARA, UPPUTHODU VILLAGE. BY ADV. SRI.JAISON JOSEPH SRI.JOSEPH MATHEW (THODUPUZHA) RESPONDENT(S): STATE, COMPLAINANT AND CW1 -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, IDUKKI POLICE STATION. 3. RANJITH AGED 26 YEARS, S/O.SUKUMARAN, NOTTANMAKKAL HOUSE, UPPUTHODU KARA, UPPUTHODU VILLAGE. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3743 OF 2010 =========================== Dated this the 9th day of September,2010 ORDER Petitioners the accused in S.C.190/2010 on the file of II Additional Sessions Court, Thodupuzha filed this petition under section 482 of the Code of Criminal Procedure for a direction to the learned Sessions Judge to try S.C.190/2010 along with the case now pending before Judicial First Class Magistrate's Court, Idukki as CMP 985/2010 on committal as according to petitioners one is the main case and the other is the countercase. It is contended that Annexure A3 petition is filed before Additional Sessions Court, Thodupuzha to postpone the trial of S.C.190/2010 till the other case is committed. 2. Learned counsel appearing for the petitioners and the learned Public Prosecutor Crl.M.C.3743/2010 2 were heard. 3. If CMP 985/2010 now pending before Judicial First Class Magistrate's Court, Idukki is the countercase of S.C.190/2010, learned Magistrate is bound to commit the case to the Sessions Court as provided under section 323 of the Code of Criminal Procedure. If it is a countercase, that case is definitely to be tried along with S.C.190/2010 pending before Additional Sessions Court, Thodupuzha, though not jointly but one after the other. Petitioners have already filed Annexure A3 petition before the learned Sessions Judge pointing out that CMP 985/2010 is the countercase of S.C.190/2010. In such circumstances, the petition is disposed of directing the II Additional Sessions Court, Thodupuzha to consider Annexure A3 application and pass appropriate orders in accordance with law. It is made clear that if CMP 985/2010 is the countercase of S.C.190/2010, the Crl.M.C.3743/2010 3 learned Sessions Judge has to try the said case also along with S.C.190/2010, though not jointly but one after the other. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006