ABRAHAM Vs. E T CHANDRAN

JUDGEMENT

(1.) About an incident which took place on 15/6/2004, the rival contestants initiated steps for prosecution. On the complaint filed by the 1st petitioner, the police filed a charge sheet. Cognizance was taken by the learned Magistrate. The said case ended in acquittal as per judgment dated 27/4/2006. Against the said judgment of acquittal, a revision was filed and the same is pending before this Court as Crl.R.P. No.3190/06, it is submitted.

(2.) The 1st respondent herein, who was the sole accused in that case charged by the police, filed a private complaint on 16/9/04. Cognizance was taken on that complaint and summons has been issued to the petitioners raising allegations, inter alia, under Secs.324 and 506(1) read with Sec.34 of the IPC. They pray that the private complaint initiated against them by the 1st respondent may be quashed by invoking the powers under Sec.482 of the Cr.P.C.

(3.) What are the grounds? The learned counsel for the petitioners submits that a case and a counter case deserve to be tried together. In this case that is not possible now because the main case (according to the petitioner) has already been disposed of. Inasmuch as trial of the case and counter case together/simultaneously is not possible, the prosecution initiated against the petitioners is liable to be quashed, it is submitted.