LAWS(KER)-2014-4-71

GURUPRAKASH Vs. STATE OF KERALA

Decided On April 25, 2014
Guruprakash Appellant
V/S
State of Kerala and Vishnu Mohan Respondents

JUDGEMENT

(1.) CRL . M.C. No. 2196 of 2014 arises out of crime No. 146 of 2011 of Aranmula Police Station. The offences alleged are under Sections 143, 147, 148, 149, 323 and 234 I.P.C. The allegation is that petitioners have assaulted the 2nd respondent. The case had been charge sheeted by the police as C.C. No. 258 of 2011 and is pending before the Judicial First Class Magistrate Court -1, Pathanamthitta.

(2.) CRL . M.C. No. 2205 of 2014 arises out of crime No. 145/2011 of Aranmula police station. The offences alleged are similar to the above case and had been charge sheeted as C.C. No. 257 of 2011 and is pending before the Judicial First Class Magistrate Court -1, Pathanamthitta. C.C. No. 257 of 2011 is counter to the case referred as C.C. No. 258 of 2011.

(3.) HAVING regard to the aforesaid factual situation, I am of the view that these petitions can be allowed applying the judgment of the Supreme Court in Gian Singh v. State of Punjab.