OP(CRL.) No. 4086 of 2011 · Kerala High Court

OP(Crl.).No. 4086 of 2011 (Q) PETITIONER'S EXTS:EXT.P1: COPY OF FIR IN CRIME NO.91/2004 OF KONGAD POLICE STATIONEXT.P2: COPY OF FINAL REPORT IN CC NO.106/2004 OF JFCM-II, PALAKKADEXT.P3: COPY OF PRIVATE COMPLAINT IN CC NO.21/2005 OF JFCM-II, PALAKKADEXT.P4: COPY OF CHARGE FRAMED BY JFCM-II, PALAKKAD IN CC NO.106/2004EXT.P5: COPY OF CHARGE FRAMED BY JFCM-II, PALAKKAD IN CC NO.21/2005RESPONDENTS EXTS: NIL/TRUE COPY/P.A.TO JUDGE P.S.GOPINATHAN, J.----------------------------O.P.(Crl.)No.4086 of 2011---------------------------Dated this the 21st day of March, 2012JUDGMENTIn this petition under Article 227 of the Constitution of India, the petitioner, who is the accused in C.C.No.21 of 2005 andC.C.No.106 of 2004 on the file of the Judicial Magistrate of the FirstClass-II, Palakkad, seeks the following reliefs:

a) Issue a direction or order directing the Judicial First Class Magistrate Court-II, Palakkad, to try together Exts.P2 & P3 cases as if both the cases were instituted on a police report and thereby proceed with the said cases strictly in accordance with the procedure contemplated in Section 210 of the Cr.P.C; andb) grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2.

Having heard and perusing the records, I find that the Station House Officer, Kongad Police Station in Crime No.91 of 2004filed Ext.P2 final report against the petitioner alleging offence under Section 498A of the Indian penal Code. It was taken cognizance, proceeded with trial and reported that it is in the defence stage. The very same defacto complainant filed Ext.P3 complaint against O.P.(Crl.)No.4086 of 2011 2the petitioner and three others alleging the same offence . It is submitted that in the second case, evidence under Section 244 of the Code of Criminal procedure was recorded. The charge was framed and it is posted for further procedures. Ext.P5 is the chargesheet. However, it is submitted that the petitioner had not filed any petition under Section 210 of the Code of Criminal procedure before the trial court. As to how the petitioner was defending the proceedings before the trial court is not known.

In the above circumstance, this petition is disposed of with direction to the petitioner to file a petition under Section 210 of the Code of Criminal Procedure before the trial court. The trial court isdirected to dispose of such petition, if any filed, on the next posting date, before proceeding with the trial of both cases.P.S.GOPINATHAN,JUDGEcms