IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.MC.No. 26 of 2009() ----------------------- CC.1349/2007 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER: --------------- KADEEJA, W/O. IBRAHIM KUNDUVAYIL HOUSE, PONMALA AMSOM PALLIPPADI, MALAPPURAM. BY ADV. SRI.ESM.KABEER RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, MALAPPURAM REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. IMBICHI MUHAMMED, S/O. AVARU HAJI ELEDATH HOUSE, PONMALA AMSOM, PALLIPADI, MALAPPURAM. 3. ABDUL KHADER, S/O. AVARU HAJI, DO. DO. 4. MUNEERUL ISLAM, S/O. KUNHALAN HAJI, DO. DO. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 26 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2009 O R D E R The petitioner is the first accused in a sessions case, where the offences alleged include the one punishable under Section 308 I.P.C. That sessions case is pending before the Addl. District and Sessions Judge, Adhoc-III Fast Track, Manjeri. The said case stood listed for trial on 1.1.2009. The petitioner has come to this Court now with a prayer that the said S.C. 295 of 2008 pending before the Addl. Sessions Judge, Adhoc-III Fast Track, Manjeri is really a counter case to C.C.1349 of 2007 pending before the J.F.M.C.-I, Malappuram. The petitioner submits that in as much as the J.F.M.C., Malappuram is not sitting and the J.F.M.C. Perinthalmanna in charge holds sitting once in a week, the petitioner is not able to take necessary steps to get C.C.1349 of 2007 committed to the Court of Sessions. If in the mean time SC 295 of 2008 were to be disposed of, it would result in miscarriage of justice. This in short is the prayer. Crl.M.C.No. 26 of 2009 2 2. I am not satisfied that the trial in S.C.295 of 2008 deserves to be stayed. But I am satisfied that specific directions deserve to be issued under Section 482 Cr.P.C. to ensure that the interests of justice are not affected. 3. This Crl.M.C. is accordingly allowed. The following directions are issued. i) The J.F.M.C., Malappuram (incumbent in charge) shall forthwith consider whether C.C. 1349 of 2007 pending before the J.F.M.C., Malappuram and S.C. 295 of 2008 pending before the Sessions Court, Manjeri are in the nature of a case and counter case. If they are, necessary action forthwith shall be taken under Section 323 Cr.P.C. ii) The Addl. District and Sessions Court, Adhoc-III, Fast Track, Manjeri shall also consider whether these cases are in the nature of case and counter case. If it is found that they are in the nature of a case and counter case, the learned Sessions Judge shall also ensure that the interests of justice are served properly by insisting and ensuring that both cases are tried and disposed of by that court. Crl.M.C.No. 26 of 2009 3 iii) There shall be a direction that the judgment in S.C. 295 of 2008 shall not be pronounced until a decision is taken by the courts concerned as to whether the cases are in the nature of case and counter case. iv) I make it clear that all further steps in S.C.295 of 2008 can proceed. If the cases are in the nature of case and counter case, needless to say, trial in both cases shall be conducted by the same incumbent and the judgment in the two cases shall be pronounced simultaneously. 4. Hand over the order. (R. BASANT) Judge tm