IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Crl.MC.No. 3878 of 2009() ------------------------------------ C.C.1834/2005 AND CC.1846/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, KOLLAM .................... PETITIONER(S): ---------------------- SUNIL KUMAR, S/O.ANCHALOS, KAITHAKODIYIL, KARMALA SADANATHIL, CHERUMMOODU CHERRY, PERINADU VILLAGE, KOLLAM DISTRICT. BY ADV. MR.JOHNSON GOMEZ RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, THROUGH CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHANAN, SON OF PARAMU, KONATHU VEETTIL, VILLIMANGALAM MURIYIL, MANTROTHURUTHU VILLAGE, KOLLAM DISTRICT. 3. SONY DAS, BIJONI BHAVANIL, SREEKRISHNA NAGAR, ASRAMAM WEST VILLAGE, KOLLAM EAST VILLAGE, KOLLAM DISTRICT. 4. SASIRAJ S.PILLAI, SON OF SREEDHARAN PILLAI, SREEBHAVANIL, PAZHANGALAM CHERRY, NEDUVATHOOR VILLAGE, KOLLAM. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3878 OF 2009 =========================== Dated this the 11th day of January,2010 ORDER Petitioner the de facto complainant filed Annexure A6 petition, CMP 2968/2009, before Judicial First Class Magistrate Court, II, Kollam for further investigation of Crime 21/2005 of Kollam East Police Station, now pending as C.C.1834/2005 as against the petitioner. C.C.1846/2005 is taken cognizance by the learned Magistrate in respect of the same incident in Crime 1031/2004. This petition is filed under section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider and dispose of Annexure A6 application filed for further investigation in accordance with law. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were Crl.M.C.3878/2009 2 heard. 3. It is not disputed that C.C.1834/2005 and C.C.1846/2005 now pending before Judicial First Class Magistrate Court-II, Kollam are the main case and the countercase. When Ext.A6 petition is filed by the de facto complainant in C.C.1834/2005, learned Magistrate is to consider the application and pass appropriate order in Anneuxre A6 application, in accordance with law. Petition is allowed. Judicial First Class Magistrate Court-II, Kollam is directed to consider and pass Annexure A6 application in accordance with law as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this order. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006