IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.MC.No. 2058 of 2008() ------------------------- S.C.132/07 OF ADDL. SESSIONS COURT (ADHOC-II), PATHANAMTHITTA PETITIONERS: ACCUSED ------------------- 1. HARIDAS, ASARIPARAMBIL NIRAMEL HOUSE, VALAMCHUZHI, PATHANAMTHITTA. 2. SABU, THEKKECHERUVIL HOUSE, VALAMCHUZHI, PATHANAMTHITTA. 3. ANEESH, MELATHIL HOUSE, KUMBAZHA, PATHANAMTHITTA. BY ADV. SRI.V.K.SUNIL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2058 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2008 O R D E R This petition is necessitated because of an alleged inadvertent error committed by the Court of Sessions, Pathanamthitta. The petitioners, along with one other person, face indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w. 149 I.P.C. Three persons (the petitioners) were not available before the committal court and the committal court therefore committed the case against one of the four accused alone to the Court of Sessions, while splitting up the case against the petitioners. But, on account of an oversight, the learned Sessions Judge assumed that all the four accused persons have been committed and initiated proceedings against all the four accused in S.C. 677 of 2006. The same is now pending before the Addl. Sessions Court (adhoc) II, Pathanamthitta. All the four have appeared before the Court in that S.C. Crl.M.C.No. 2058 of 2008 2 2. In the meantime, the learned Magistrate in the split up committal proceedings against the petitioners issued non-bailable warrants and the three petitioners appeared before the learned Magistrate. Thereupon a separate different order of committal was passed committing all the petitioners to the Court of Sessions. On receipt of the said order of committal, the Court of Sessions registered S.C.132 of 2007 and made over the said case to the Addl. Sessions Court (adhoc) III, Pathanamthitta. Those proceedings against all the four accused are pending before the Addl. Sessions Court (adhoc) II, Pathanamthitta as SC 677 of 2006 and the same case against the petitioners is pending before the Addl. Sessions Court (adhoc) III, Pathanamthitta in S.C.132 of 2007. 3. The petitioners have come before this Court with a prayer that appropriate directions may be issued. I am satisfied that the obvious error deserves to be corrected. In both the cases trial has not commenced, it is submitted. The learned Principal Sessions Judge shall recall both cases. After recalling both cases, the learned Principal Crl.M.C.No. 2058 of 2008 3 Session Judge shall consolidate S.C.Nos. 677 of 2006 and 132 of 2007 and shall proceed against all the accused in one Sessions trial. Appropriate orders to that effect shall be passed by the learned Sessions Judge and the matter shall thereafter be disposed of either by himself or by making over them to any bench of the Court of Sessions. 4. This Crl.M.C. is allowed to the above extent. 5. Hand over the order. (R. BASANT) Judge tm