IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Crl.MC.No. 3645 of 2010() ------------------------- SC.848/2009 of ADDL. SESSIONS COURT (ADHOC)-II, ALAPPUZHA CC.250/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S): ------------------------ 1. SATHEESHAN, AGED 45 YEARS, S/O. KUNJAN, KARIYIL VEEDU, WARD.NO.9, VAYALAR PANCHAYATH. 2. UDAYAKUMAR, AGED 49 YEARS, S/O. KUNJAN, VINOD BHAVAN, WARD NO.9, VAYALAR PANCHAYATH, CHERTHALA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHALI, AGED 48 YEARS, S/O. PADMANABHAN, KALARICKAL KARIYIL, WARD NO.9, VAYALAR PANCHAYAT - 688 536. 3. SHANMUGHAN, AGED 56 YEARS, PADMANABHAN, KARIYIL NIKARTHIL, WARD NO.9, VAYALAR PANCHAYATH - 688 536. 4. MADHU, AGED 31 YEARS, S/O. SHANMUGHAN, KARIYIL NIKARTHIL, WARD NO.9 VAYALAR PANCHAYATH - 688 536. 5. SHIMJITH, AGED 27 YEARS, S/O. PANKAJAKSHAN, PUTHUVAL NIKARTHIL, WARD NO.9, VAYALAR PANCHAYATH - 688 536. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ---------------------------------- Crl.M.C.No. 3645 OF 2010 ------------------------------------ Dated this the 3rd day of September, 2010 O R D E R ~~~~~~~ Petitioners are accused in S.C.No.848/2009 on the file of the Additional Sessions Court, Alappuzha. This petition is filed under Section 482 of the Code of Criminal Procedure for a direction to the Judicial First Class Magistrate-I, Cherthala, where C.C.250/2010 is pending, to commit the case to the Sessions Court as it is the counter case to S.C.No.848/2009 tried by him. . 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. When there is a main case and a counter case, both cases are to be tried by the same court. As is clear from Annexure-II final report taken cognizance by the learned Magistrate, C.C.No.250/2010 is a counter case of S.C.No.848/2009. Even though the offences involved are not exclusively triable by a sessions court, as the main case and the Crl.M.C.No.3645/2010 2 counter case are tried by the same court, though not jointly, learned Magistrate has to commit the case to Sessions Court as provided under Section 323 of Code of Criminal Procedure to enable trial of both cases by the same court. Crl.M.C. is allowed. Judicial First Class Magistrate-I Cherthala is directed to commit C.C.No.250/2010 to Sessions Court, so that, the case should be tried by the same court which is trying S.C.No.848/2009. (M.SASIDHARAN NAMBIAR, JUDGE) ps/4/09