IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Crl.MC.No. 1835 of 2009(D) -------------------------------------- *( CC.NO.887/2007 JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG) *CORRECTED AS C.C. NO. 877/05 OF JUDL. IST CLASS MAGISTRATE -II, HOSDURG AS PER ORDER DTD. 08/07/09 IN CRL.M.A. NO. 3737/09. .................... PETITIONER. COMPLAINANT: ------------------------------------------ MAYYAL BALAN @ KAZHAKAKKARAN BALAN, S/O.KANNAN, AGED 64 YEARS, THAYALMUNDA, PALAVAYAL VILLAGE, KASARAGOD DISTRICT. BY ADVS. MR.JAI GEORGE. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SINU, AGED 27 YEARS, S/O.P.KUNJIRAMAN, KUTTAKUZHI, PALAVAYAL VILLAGE, KASARAGOD DISTRICT. 3. P.KUNJIRAMAN, S/O.P.BALAN, MUTHEDATH HOUSE, KUTTAKUZHI, PALAVAYAL VILLAGE, KASARAGOD DISTRICT. 4. KRISHNAN, AGED 32 YEARS, KUTTAKUZHI, PALAVAYAL VILLAGE, KASARAGOD DISTRICT. 5. BABU, AGED 28 YEARS, S/O.BEERAN, KUTTAKUZHI, PALAVAYAL VILLAGE, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1835 of 2009 -------------------------- ORDER Petitioner is the defacto complainant in C.C.No. 877/2007 on the file of Judicial First Class Magistrate's Court-II, Hosdrug. Petitioner filed a protest complaint, which was taken cognizance by the learned Magistrate for the offences under Sections 324 and 506(ii) read with Section 34 of Indian Penal Code. Respondents 2 to 5 are the accused therein. Case of the petitioner is that on 8.1.2007 at about 3 p.m., while he was going to Karnataka Forest Office to get permission to collect some firewood, respondents 2 to 5 came from opposite side and the incident occurred by which petitioner sustained hurt and in respect of the same incident, Crime No.5/2007 of Chittarikkal Police Station was registered for the offence under Section 307 of Indian Penal Code and Section 20 read with Section 27 of Arms Act and Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, evidenced by Annexure-A2 FIR. This petition is CRMC 1835/09 2 filed under Section 482 of Code of Criminal Procedure to stay the proceedings in C.C.No.877/2007 till a final report is filed in Crime No.5/2007 of Chittarikkal Police Station. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Sub-section (1) of Section 210 of Code of Criminal procedure provides that when in a case instituted otherwise than on a police report, it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. Sub-section (2) provides that if a report is made by the investigating officer under Section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case CRMC 1835/09 3 and the case arising out of the police report as if both the cases were instituted on a police report. Sub- section (3) provides that if the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with law. It is, thus, clear that petitioner has a right to approach the Magistrate under sub-section(1) of Section 210 of Code of Criminal Procedure for appropriate relief. Petition is disposed granting liberty to the petitioner to approach the Magistrate for appropriate order. 13th August, 2009 (M.Sasidharan Nambiar, Judge) tkv