IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Crl.MC.No. 2033 of 2011() ------------------------------------ CC.NO. 728/2010 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER/ACCUSED ----------------------------------- KABEER, S/O.MUHAMMED, KUZHUNGUM THOTTATHIL HOUSE, ANTHIYURKUNNU AMSOM, MUZHANGALLOOR DESOM, ANTHIYUR KUNNU P.O., PULICKAL VILLAGE, ERANADU TALUK, MALAPPURAM. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 2. VEERAN, S/O.HASSAN, CHELLAPPARAMBIL VEEDU, ANTHIYUR KUNNU AMSOM, VALLARA DESOM, P.O.KOTTAPPURAM, (VIA) PALLICKAL, MALAPPURAM DISTRICT.PIN-676 511 R1 BY PUBLIC PROSECUTOR SRI.B.VINOD R2 BY ADV. SRI.P.VENUGOPAL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2033/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE PROTEST COMPLAINT FILED BY THE 2ND RESPONDENT. ANNEX 1(A) COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT. ANNEX 2 COPY OF THE FIR IN CRIME NO.143/2008 OF KONDOTI POLICE STATION BASED ON ANNEXURE 1(A) PRIVATE COMPLAINT. ANNEX 3 COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE BEFORE THE COURT. ANNEX 4 COPY OF THE FIR IN CRIME NO.888/2007 REGISTERED BY KONDOTTY POLICE AGAINST THE 2ND RESPONDENT. ANNEX 5 COPY OF THE WOUND CERTIFICATE ANNEX 6 COPY OF THE DIARY EXTRACT IN R.C.NO.39/2009 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE, MALAPPURAM. ANNEX 7 COPY OF THE ORDER DATED 26/6/2010 OF THE LEARNED MAGISTRATE . RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2033 of 2011 - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2011. O R D E R Heard the learned counsel for the petitioner, the learned counsel for respondent No.2 and the learned Public Prosecutor. 2. The petitioner is complainant in Crime No. 888 of 2007 of Kondotty Police Station whereas the petitioner is the accused in Crime No. 143 of 2008 of Kondotty Police Station for offences punishable under Sections 143, 147, 148, 323, 324 and 447 r/w Section 149 IPC and now pending as C.C. No. 728 of 2010 before the Judicial First Class Magistrate, Malappuram. The case arising out of Crime No. 888 of 2007 has now been committed for trial and now pending before the Sessions Court, Manjeri. It is well settled that both the cases have to be heard and disposed of one after another and the judgment has be pronounced on the same day. Be that as it may, the learned counsel for the petitioner states that there is no prima facie case against the petitioner. It is open to the petitioner to file an application for discharge before the learned Sessions Court. If such an application is filed, the learned Sessions Court shall pass appropriate orders thereon after compliance of Section 323 Cr.P.C. With the above observation, this Crl.M.C is diposed of. This Crl.M.C is disposed of as above. sdB.P. RAY, JUDGE. rv