MALINI Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) Petitioner herein is the defacto complainant in Crime No.709 of 2013 of Puthukkad Police Station for offences punishable under sections 447, 323, 325, 294(b) of the Indian Penal Code.

(2.) The crux of the allegation of the prosecution is that, second respondent herein, on 07.05.2013 at 7 p.m., due to previous enmity, trespassed into the house of the defacto complainant and assaulted her. Pursuant to the FI statement given by her as Annexure-I, FIR was registered by the Pudukkad police. Second respondent stands arrayed as the sole accused in that case. After investigation, Annexure-II final report was laid for the above offences. Cognizance was taken and the matter is now pending as C.C.No.3948 of 2013 before the Judicial First Class Magistrate Court, Irinjalakuda.

(3.) The case was scheduled for trial and posted to 16.01.2017. Witnesses were present on that day. However, accused filed an application before the learned magistrate invoking section 210 Cr.P.C,, 1973 on a premise that, another case arising out of the connected matter was registered as Crime No.724 of 2013 against the husband of the petitioner herein for offence under section 324 of the Indian Penal Code. It was stated that the incident involved in both crimes arose out of the same transaction. It was alleged that, police did not conduct proper enquiry in that crime and filed a refer report. Hence, C.M.P.No.11624 of 2014 was filed as a protest complaint and was pending enquiry. It was stated that, since Crime Nos.709 of 2013 and 724 of 2013 arose from the same incident, both have to be tried simultaneously in the interest of justice.