IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 4838 of 2008() ------------------------- SC.778/2005 of ASSISTANT SESSIONS COURT, NEYYATTINKARA CP.197/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA CRIME NO.1 OF 2000 OF NEYYAR DAM POLICE STATION .................... PETITIONER(S): ACCUSED NO:33 ---------------------------- SAJU,S/O.CHANDRAN, MALAVILA VEEDU, MALAVILA, MANNOORKKARA, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4838 of 2008 ------------------------------------- Dated this the 28th day of January, 2009 ORDER Petitioner along with co-accused faces indictment in a prosecution for offences punishable, inter alia, under Sections 332 and 307 r/w 149 I.P.C. Final report was filed. Cognizance was taken by the learned Magistrate. Committal proceedings was registered as C.P.No.87 of 2003. 2. Accused 1 to 14, 17 to 19, 23 to 32, 34 and 35 appeared before the committal court and the learned Magistrate as per order dated 29.11.04 in C.P.No.87 of 2003 committed the case in so far as it relates to the above accused to the Court of Session. The case against accused Nos.15, 20 to 22 and 33 was refiled as C.P.No.197 of 2004. The petitioner is accused No.33. 3. When the records reached the Sessions Court, by an unintended and inadvertent error, summons was issued by the court of Session to the petitioner herein ie. accused No.33. In response to that summons, the petitioner appeared before the learned Sessions Judge. He was released on bail. The case against all the accused who were committed as also the petitioner herein is now pending before the learned Sessions Judge as S.C.No.778 of 2005. Crl.M.C. No.4838 of 2008 2 4. Thus the case against the petitioner, though not formally committed to the Court of Session, is continuing before the Court of Session as S.C.No.778 of 2005. 5. But the learned Magistrate in C.P.No.197 of 2004 has issued coercive processes against the petitioner. The petitioner finds such processes chasing him. He has hence come to this Court complaining that though he is on bail in that case which arose from Crime No.1 of 2000 of Neyyar Dam Police Station, coercive processes issued by the learned Magistrate are chasing the petitioner in C.P.No.197 of 2004 pending before the Judicial Magistrate of the First Class, Kattakkada in respect of the same offence. 6. The matter was received in this Court and reports of the Magistrate and the Sessions Judge concerned were called for. It is now evident that proceedings are pending before both the courts against the petitioner on account of an obvious mistake/error. I am satisfied that appropriate directions can be issued to avoid such inconvenience and conflict. The petitioner must obviously be held to have contributed to the situation as he must have known that without an order of committal no proceedings could have been initiated against him before the Sessions Court in view of Section 193 Cr.P.C. Be that as it may, Crl.M.C. No.4838 of 2008 3 it is not necessary to go on a mission of fault finding and I am satisfied that appropriate directions can be issued. 7. In the result, this Crl.M.C is allowed and the following directions are issued: i) The proceedings against the petitioner (accused No.33), the case against whom has not been committed to the Court of Session, shall not be continued in S.C.No.778 of 2005 pending before the Assistant Sessions Court, Neyyattinkara; ii) Proceedings against the petitioner (accused N.33) shall continue in C.P.197 of 2004 pending before the Judicial Magistrate of the First Class, Kattakkada. Inasmuch as the petitioner has already appeared in S.C.No.778 of 2005 and has been enlarged on bail by the learned Assistant Sessions Judge, there shall be a direction that coercive processes against the petitioner shall not be executed in C.P.No.197 of 2004 on condition that the petitioner appears before that court and executes the necessary bond as directed by the learned Magistrate on or before 16.02.2009. Communicate copy of the order to both courts who shall make necessary entries to correct/reverse the errors/mistakes committed. (R.BASANT, JUDGE) rtr/-