IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 CRL.MC.NO. 363 OF 2011() -------------------------------------- (SC NO.150 OF 2009, ADDITIONAL SESSIONS COURT (ADHOC-II), ERNAKULAM) PETITIONER(S): ---------------------- SHAFI, AGED 32 YEARS, S/O.ABDUL RASHEED, EZHUTHANIKKATTU HOUSE, PAIPPRAKARA, MUVATTUPUZHA. BY ADV. SRI.P.V.ELIAS RESPONDENT(S): ------------------------- 1. NAVAS, S/OI. MUHAMMED, THACHETHU VEEDU, PAIPPRAKARA, MUVATTUPUZHA PIN - 686 661. 2. BASHEER, AGED 40 YEARS, S/O. MAKKAR, THACHETHU VEEDU, PAIPPRAKARA, MUVATTUPUZHA PIN - 686 661. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.363 of 2011 --------------------------------------- Dated this 04th day of February, 2011 ORDER Petitioner is the de facto complainant in S.C.No.150 of 2009 of the court of learned Additional Sessions Judge, Adhoc-II, Ernakulam arising from Crime No.1382 of 2008 of Muvattupuzha Police Station. Case is posted for trial on 07.02.2011. According to the petitioner on a private complaint preferred against four accused persons, learned Judicial First Class Magistrate-I, Muvattupuzha has taken cognizance against four accused persons concerning the very same incident and that matter is pending as C.P.No.40 of 2010 in the said court. Learned counsel submits that these cases are to be tried simultaneously and hence it is requested that direction may be given to the learned Additional Sessions Judge for simultaneous trial and disposal of the case. 2. I got information from the learned Judicial First Class Magistrate-I, Muvattupuzha through the Registrar (Judicial). It is reported that in C.P.No.40 of 2010 first and second accused appeared, were granted bail on 27.01.2011 but the third and fourth accused have not so far appeared and C.P.No.40 of 2010 is Crl.M.C.No.363 of 2011 -: 2 :- posted to 25.02.2011 for their appearance. 3. In the light of the decisions in Mani Vs. Swaminathan (1986 KLT 170) , Peter Vs. Kurian (1994(1) KLT 17) and PAL Vs. State of U.P (2010(10) SCC 123), if the two cases are in respect of the same incident and, are not mutually destructive or contradictory, learned Additional Sessions Judge may have to order joint trial of the two cases. If on the other hand, the cases though arising from the same incident are mutually destructive or contradictory, procedure laid down in the decisions above stated is simultaneous trial and disposal of the two cases. It is for the learned Additional Sessions Judge to consider these matters. But, if C.P.No.40 of 2010 arises from the same incident, it is not proper to have trial of S.C.No.150 of 2009 and then await committal of the case in C.P.N.40 of 2010. Learned Additional Sessions Judge shall consider these matters and pass appropriate orders. With the above direction this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-