VARIATH RAPPAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed by the accused in Calendar Case 74 of 1962 on the file of the Additional First Class Magistrate of Shertallai against the order of the learned First Class Magistrate splitting the charges and registering three separate cases. The charge against the accused was that on 7-3-1962 they jointly collected lime shells and removed the same in three boats without a licence in contravention of S.3 of the Kerala Lime Shells (Control) Act XVIII of 1958 an offence punishable under S.10 of the Act.

(2.) The Assistant Public Prosecutor in charge of the case filed a petition before the Magistrate that as the case involved three different transactions for which three separate trials have to be conducted, the court might split up the charge and proceed with the trial of the accused in three separate cases. The learned Magistrate allowed the petition and split up the case and directed that the accused be proceeded against in three separate cases C. C. Nos. 224, 225 and 226. The accused challenges the correctness of this order in this revision petition. In view of the importance of the question of law involved, the case has been referred for decision to the Bench.

(3.) Learned counsel for the accused argues that where after the charge has been framed in a warrant case or the plea has been recorded in a summons case, as in this case, the trial can culminate either in a conviction or in an acquittal and the petition by the Public Prosecutor in this case virtually amounts to a withdrawal of the case and when the petition is allowed the accused must be deemed to have been acquitted of the original charge and he cannot be proceeded against in the three cases as ordered by the Magistrate.