IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3707 of 2008 ---------------------------------- CC.30/2007 OF JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA. .................... PETITIONER/ ACCUSED: ----------------------------------- MATHEW, S/O. VARGHESE, AGED 41 YEARS, PADIYARA HOUSE, CHAKKITTAPARA, PERUVANNAMUZHI, KOZHIKODE DISTRICT. BY ADV. SRI.SANTHARAM.P. RESPONDENTS/ COMPLAINANTS & STATE: -------------------------------------------------------------- 1. JOSEPH, S/O. MANI, AGED 62 YEARS, VETTUKALLEL KOORACHUNDU, KOZHIKODE DISTRICT. 2. JOLLY, AGED 37 YEARS, VETTUKALLEL, KOORACHUNDU, KOZHIKODE DISTRICT. 3. STATION HOUSE OFFICER, KOORACHUND POLICE, KOZHIKODE DISTRICT. 4. STATION HOUSE OFFICER, PERUVANNAMUZHI POLICE, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3707 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R Against the petitioner cognizance has been taken in two different cases, one inter alia under Section 498A I.P.C. filed by his wife and another, inter alia, under Section 506(ii) I.P.C. by his father-in-law. Those cases are pending before the J.F.M.C.-I and II, Perambra as C.C.Nos. 30 and 183 of 2007. In both the cases cognizance has been taken on the basis of the final reports submitted by the police. Both the crimes were registered on the basis of complaints filed by the petitioner's wife and father-in- law before the Magistrates, which were referred to the police under Section 1563) Cr.P.C. 2. The complaint of the wife was lodged before the JFMC -IV, Kozbikode. A crime was consequently registered and the same was transferred in the course of investigation. That is how the matter came before the JFMC- II, Perambra. Crl.M.C.No. 3707 of 2008 2 3. The petitioner in this petition claims that both the cases may be quashed. But in the course of discussions at the Bar, the prayer is limited and it is prayed that it may be ensured that both cases are heard and disposed of by the same court. There are overlapping allegations in the two cases. I am satisfied that the interests of justice will be served eminently by directing that both cases, i.e., C.C. 30 of 2007 pending before the JFMC-I, Perambra and C.C. 183 of 2007 pending before the JFMC-II, Perambra are both disposed of by the same court. Such a direction shall held to avoid conflict of findings and inconvenience to all concerned. 4. This Crl.M.C. is accordingly allowed in part. It is directed that C.C. 30 of 2007 pending before the JFMC-I, Perambra shall be transferred to the JFMC-II, Perambra, where C.C. 183 of 2007 is pending. The parties shall be directed to appear before that court by the learned JFMC-I, Perambra. 5. There is a prayer that the personal appearance of the petitioner may be dispensed with. It is for the petitioner to make such an application before the learned Magistrate, who shall consider the same Crl.M.C.No. 3707 of 2008 3 on merits and pass appropriate orders. I need only mention that ritualistic personal presence of the indictee on all dates of posting need not be insisted by the learned Magistrate. (R. BASANT) Judge tm