IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Crl.MC.No. 369 of 2009(A) ------------------------------- AGAINST THE ORDER IN CC.159/2008,CC.174/2008 IN CMP.7252/2008 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): DEFACTO COMPLAINANT/ACCUSED ------------------------------------------------------------ K.V.ANEAK, S/O. JANARDHANAN BAPOOTTYMANDIRAM, V.K.SHANKUNNI ROAD, CALICUT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S)/STATE & ACCUSED/DEFACTO COMPLAINANT : --------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KISHAN CHAND S/O. POTTANGADI CHATHU, AGED 51 YEARS, KARTHIKA, BALAN K.NAIR ROAD ERANHIPALAM PO, KOZHIKODE-6 3. DR.NAZAR YUSUF S/O. O.S. YUSUF , AGED 51 YEARS, 5/2583 D SHYAM ROCK HOUSE, BALAN K. NAIR ROAD ERNHIPALAM PO, KOZHIKODE -6. 4. JACOB GEORGE, S/O.GEORGE, AGED 57 YEARS, BLESSING HOUSE BALAN K. NAIR ROAD,ERNHIPALAM PO, KOZHIKODE -6. ADV. SRI.V.V.SURENDRAN FOR R2 TO 4 SRI.P.A.HARISH FOR R2 TO 4 PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 369 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2009. O R D E R This petition is filed with a prayer to direct the Judicial First Class Magistrate-IV, Kozhikode to try and dispose of together C.C.159/08 and C.C.174/08 and the case arising from CMP 7252/08 one after the other and till that time the trial in C.C.159/08 and C.C.174/08 may not be started. C.M.P. 7252/08 is a protest complaint which is pending before the same Magistrate. It has got linking with the other cases as well and a separate trial of that may not be proper at a later stage if it is taken cognizance of. Therefore in order to meet the ends of justice I direct the Judicial First Class Magistrate-IV, Kozhikode not to proceed with the trial of C.C.159/08 and C.C.174/08 for a period of two months from today and in the meanwhile to complete the enquiry regarding taking of cognizance in CMP 7252/08. If ultimately if the Court takes cognizance of the case let that case also be tried along with C.C.159/08 and C.C.174/08 within period of Crl.M.C. 369 OF 2009 -:2:- two months from that date. Or in other words, the whole process has to be completed within a period of four months from today. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-