IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 968 of 2004(A)
1. ARIMBRA KRISHNAN S/O. CHANJU,
... Petitioner
2. C.D.BABY S/O. DEVASSY, CHEMBAKASSERY
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :05/01/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.968 of 2004
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Dated this the 5th day of January 2007
O R D E R
The petitioner faces indictment in two different
prosecutions, one initiated by the forest officials and the other by
the Edakkara Police. The crux of the allegations is that on
31/07/1998, the petitioner shot down a deer with an unlicenced
gun. In the prosecution initiated by the forest officials, the
petitioner faces allegations under the provisions of the Wild Life
Protection Act, whereas in the prosecution initiated by the
police, the petitioner faces allegations under the provisions of
the Arms Act. The cases are pending before two different courts.
2. After discussions at the Bar, the short prayer made by
the learned counsel for the petitioner is that possibility of
conflict of findings may be avoided and the same Magistrate may
be directed to dispose of both the cases. I find merit in that plea.
I am satisfied that it can be directed that the same Magistrate
must dispose of both cases. But I am unable to accept the
request of the learned counsel for the petitioner for
consolidation of both cases as the procedure to be followed in
Crl.M.C.No.968/04 2
both cases are totally different. In one instituted by the police,
the procedure under Chapter 19A of the code will have to be
followed whereas in the other, the procedure prescribed under
Chapter 19B will have to be followed. In these circumstances,
notwithstanding the provisions of Section 220 Cr.P.C, I am
satisfied that the interests of justice can be well secured by
directing trial of both cases by the same Magistrate. He shall
proceed to try both cases simultaneously and pronounce
judgments in one after the other on the same day in succession.
3. In the result, this Criminal Miscellaneous Case is
allowed in part. C.C.No.6/2003 pending before the J.F.C.M
Nilambur is transferred to the J.F.C.M-II (Forest Offences),
Manjeri which is seized of C.C.No.25/03 pending against the
petitioner. The J.F.C.M Nilambur shall forthwith forward the
records in C.C.No.6/03 to J.F.C.M-II, Manjeri. The petitioner
shall appear before the J.F.C.M-II (Forest Offences), Manjeri on
15/02/2007 to continue the proceedings.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.968/04 4
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006