IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 CRL.MC.NO. 588 OF 2011() ------------------------------------- SC.900/2010 AND S.C. NO.397 OF 2008 ASSISTANT SESSIONS COURT, THRISSUR PETITIONER(S): ACCUSED --------------------------------------- 1. JAYAKUMAR, KUZHUPPIL HOUSE, VENGINISSERY AMSOM DESOM, PARALAM P.O., TRICHUR DISTRICT. 2. SAJI, S/O.LATE KURIEN, MANJAMATTATHIL HOUSE, ELANTHURUTHY, KUTTANELLUR PO TRICHUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------- 1. SUB INPSECTOR OF POLICE, CHERPU POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. VIJITH, S/O.REAVEENDRAN, KODAPPULLY HOUSE, ALAPPAT DESOM, TRICHUR DISTRICT. 4. A.R.SATHYAN, S/O.RAGHAVAN, AARATTUPUZHA HOUSE, VENGINISSERY DESOM, PARALAM PO, TRICHUR DISTRICT. 5. RAJEEV KAIMAL, INDU NIVAS, PALAKKAL PO, TRICHUR DISRICT. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.588 of 2011 ==================================== Dated this the 25th day of February, 2011 O R D E R Petitioner is accused in S.C. No.900 of 2010 and 397 of 2008 of the court of learned Assistant Sessions Judge, Thrissur arising from Crime No.177 of 2007 of Cherpu police station for offences punishable under Sections 447, 323 and 324 read with Section 34 of the Indian Penal Code (for short, “the Code”). It is alleged that respondents 3 to 5 attacked petitioners on the same day in respect of which police registered Crime No.176 of 2007 for offences punishable under Sections 447, 308, 326 and 324 read with Section 34 of the IPC. That case is pending trial in the court of learned Assistant Sessions Judge in S.C. No.397 of 2008. Petitioner No.2 filed Annexure-III, private complaint in the court of learned Judicial First Class Magistrate-I, Thrissur against respondents 3 to 5 alleging that the 4th respondent who is an employee in the police Department did not purposely implicate the real accused in Crime No.176 of 2007. It is stated by learned counsel that inquiry is going on (on Annexure-III, complaint). But in the meantime learned Assistant Sessions Judge has posted S.C. Nos.900 of 2010 and 397 of 2008 for trial. If those cases are disposed of before CRL.M.C. No.588 of 2011 -: 2 :- learned Magistrate issued process to the accused on Annexure-III, complaint petitioners will be put to irreparable difficulties and hence request is made to issue a direction to the learned Assistant Sessions Judge to keep the trial of S.C. Nos.900 of 2010 and 397 of 2008 in abeyance. 2. If in respect of the same matter Annexure-III, complaint is pending inquiry before the learned Magistrate it appears to me proper that learned Assistant Sessions Judge awaited result of that inquiry. If in that inquiry process is issued to the accused therein and that case is committed to the court of Sessions, learned Assistant Sessions Judge may have to try that case also. But there is no reason why this Court should issue a direction as prayed for. It is open to the petitioners to request learned Assistant Sessions Judge to keep in abeyance trial of S.C.No.900 of 2010 and 397 of 2008. Without prejudice to the right of petitioners to move the learned Assistant Sessions Judge with such a request this Criminal Miscellaneous Case is closed. THOMAS P. JOSEPH, JUDGE. vsv