GOVINDA MENON Vs. MUHAMMED UNNI HAJI

JUDGEMENT

(1.) SCOPE of the remedy that is available to a party against a combined order, after a joint trial as contemplated under S. 210 of the Code of Criminal Procedure arises for determination.

(2.) A police complaint, C C. No. 23/78 was made by the circle Inspector of Police, Kunnamkulam against three persons while there was a private complaint C. C. No 84/77 in respect of the very same offence, but against four persons. The two cases were clubbed together as provided under s. 210 of the Code and all the accused were acquitted.

(3.) S. 210 provides the procedure to be followed when there is a complaint case and a police investigation in respect of the same offence and provides in Sub clause (2) thus: "if a report is made by the investigating police officer under S. 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. "