IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 22224 of 2009(Q) --------------------------------------- CC.1012/2008 of PRL. JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ---------------------- 1. RAJ KRISHNAN, S/O. KARUNAKARAN, KRISHNA KOTTIYATTIL HOUSE, T.C.NO.33/1689 KINAR JUNCTION, KOORKENCHERRY VILLAGE, THRISSUR TALUK. 2. KRISHNARAJ, S/O. KARUNAKARAN, KRISHNA KOTTIYATTIL HOUSE, T.C.NO. 33/1689 KINAR JUNCTION, KOORKENCHEERRY VILLAGE, THRISSUR TALUK. BY ADV. MR.BABY JOSEPH(B.JOSE) RESPONDENT(S): ------------------------ STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION THRISSUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.22224 of 2009 Q -------------------------- JUDGMENT This petition is filed under Article 227 of Constitution of India for a writ of mandamus directing Chief Judicial Magistrate, Thrissur not to commence the trial in C.C.No.1012/2008, till trial of C.C.No.2153/2008 on the file of Metropolitan Magistrate Traffic Court-III, Bangalore is completed. 2. Petitioners have earlier filed Crl.M.C. No.2019/2009 under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to stay the trial of C.C.No.1012/2008, till the disposal of C.C.No.2153/2008. Said petition was dismissed on 13.7.2009 finding that both the cases are entirely different and therefore, the trial cannot be stayed. Petitioners are not entitled to file a petition under Article 227 of Constitution of India suppressing the filing of the earlier petition and WPC 22224/09 2 its dismissal, when it is already found that the case pending before Metropolitan Magistrate Traffic Court-III, Bangalore is not connected with the case to be tried by Chief Judicial Magistrate, Thrissur. Petition is dismissed. 14th August, 2009 (M.Sasidharan Nambiar, Judge) tkv