IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 OP(CRL.).NO. 1216 OF 2010(Q) ---------------------------------------------- CC.397/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA PETITIONER: -------------------- BENOYO, S/O.RAVEENDRAN, CHULLIKKATTIL HOUSE, AMBALLOOR VILLAGE, POOKODE DESOM THRISSUR BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. MANIKANTAN, S/O.VENUGOPAL, CHULLIKKATTIL HOUOSE, AMBALOOR VILLAGE POOKODE DESOM, THRISSUR-695007 BY PUBLIC PROSECUTOR SHRI SABU SREEDHARAN THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.1216 of 2010 ==================================== Dated this the 15th day of March, 2011 J U D G M E N T Prayer in this petition is for simultaneous disposal of C.C.No.397 and 331 of 2006 of the court of learned Judicial First Class Magistrate, Irinjalakuda which according to the petitioner arose out of the same incident. Interim order was passed by this court on 21.12.2010 against pronouncement of judgment in C.C.No.331 of 2006. On learned counsel submitting that in spite of the order of stay passed by this Court judgment in that case was pronounced, I called for a report from the learned Magistrate. Learned Magistrate has reported that petitioner had produced the interim order of stay till 11.01.2011 on 04.01.2011 and the case was posted for production of stay order if any, on 14.01.2011. On that day petitioner did not produce any order (from this Court) nor was there any representation for petitioner. Hence the case was posted on 21.01.2011. On 21.01.2011 judgment (in C.C.No.331 of 2006) was pronounced and the accused were acquitted under Section 248(1) of the Code of Criminal Procedure. Going by the report, learned Magistrate cannot be found fault with for disposing of C.C. No.331 of 2006. O.P(CRL.) No.1216 of 2010 -: 2 :- 2. No doubt the case and counter case ought to have been disposed of simultaneously. Now, there is no possibility for that since C.C. No. 331 of 2006 has already been disposed. In that view of the matter no direction could be issued for simultaneous disposal. In the light of the report of learned Magistrate stating that C.C. No.331 of 2006 has already been disposed this petition is only to be closed. Learned Magistrate is directed to dispose of C.C. No.397 of 2006 as early as possible if there is no other legal impediment. Original Petition is closed as above. THOMAS P. JOSEPH, JUDGE. vsv