IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 26750 of 2010(Q) --------------------------------------- [SC.NO.11/2010 OF ADDL. SESSIONS COURT (FAST TRACK II ADHOC)KOTTAYAM] .................... PETITIONER: ------------------- MAHESH, S/O.MAHENDRAN, PARAYENTHARA VEEDU, PAPPENCHIRA DESOM, PATHAMUTTOM, KOTTAYAM DISTRICT. BY ADVS. SRI.C.S.MANILAL, SRI.S.NIDHEESH. RESPONDENT: ---------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- W.P.C. No. 26750 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. J U D G M E N T Petitioner is the first accused in Crime No.548/2008 of Kottayam East Police Station, registered for the offence under Section 366 read with Section 34 of the Indian Penal Code. While the case was investigated offence under Section 376 of the Indian Penal Code was incorporated. After completing the investigation, separate charges were laid before the learned Magistrate. The offence under Section 376 of the Indian Penal Code taken cognizance was committed to the Sessions Court and it is pending as S.C.11/2010. Petitioner alone is the accused therein. The cognizance for the offence under Section 366 read with Section 34 of the Indian Penal Code was taken cognizance as C.P. No.19/2009. The second accused therein is Bejoy and petitioner is the first accused. That case is pending before the learned Magistrate as C.P.19/2009. The second accused therein is absconding. Hence, the case against him was split up and re-field as C.P.No.19/2009. The case against the petitioner is to be committed to the Sessions Court. The case of the petitioner is W.P.C. No. 26750 of 2010 2 that the said case is to be tried along with S.C.No.11/2010 and therefore a direction is to be issued to Additional Sessions Court (Adhoc)- II, Kottayam, to await the committal of C.P.19/2009. 2. A report was called from Sessions Court, Kottayam. The report of the Sessions Judge shows that S.C.No.11/2010 is to be tried by the same Court, which tries the case when C.P.No.19/2009 is committed. 3. In such circumstances, the writ petition is disposed of directing Judicial First Class Magistrate Court-I, Kottayam to commit the case against the petitioner in C.P.19/2009 to the Sessions Court. The learned Sessions Judge on such committal to make over the case to the same Additional Sessions Court where S.C. 11/2009 is pending as the same Judge has to try both the cases. M.SASIDHARAN NAMBIAR, JUDGE ln