SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) This suo motu revision is registered on the basis of the letter dated 20.7.2010 of the Palakkad District Court, addressing the Registrar (Subordinate Judiciary), High Court of Kerala. The short facts which lead to the registration of the above Revision Petition is as follows:

(2.) One Parameswaran, S/o. Krishnan, Pothuvar House, Vithinassery, Nemmara, Palakkad District, who is an accused in S.C. No. 493/09, approached the Sessions Court, Palakkad Division by filing Crl.M.P. No. 1264/10 with a prayer to transfer C.C. No. 258/08 pending in the Court of Judicial First Class Magistrate-Alathur, the case in which he is the de facto complainant, for simultaneous trial along with S.C. No. 493/09. According to the revision Petitioner therein, the above two cases are related to the same incident and at the same time and place, in the same transaction.

(3.) On the filing of the above petition, the Sessions Court obtained a report from the police through the Public Prosecutor in which it is stated that C.C. No. 258/08 pending before the Judicial First Class Magistrate-Alathur, is counter to S.C. No. 493/09, pending before the Addl. Sessions Court (Ad hoc)-I, Palakkad. The said petition for transfer was not opposed by anybody. According to the learned Sessions Judge, the two cases, being case and counter, must be simultaneously tried and disposed by the same Judge and since one case is pending in the Sessions Court, the other case pending before the Court of Magistrate, is liable to be transferred to the Addl. Sessions Court in exercising the powers Under Section 408 of Code of Criminal Procedure Accordingly, the learned Sessions Judge allowed the petition directing the Judicial First Class Magistrate-Alathur to transfer C.C. No. 258/08 pending there, to the Court of Addl. Sessions Judge (Ad hoc)-I, Palakkad, for simultaneous trial with S.C. No. 493/09. Consequently, it is directed that the learned Magistrate shall transmit the records to the Court of learned Addl. Sessions Judge, Palakkad.