IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4838 of 2008()
1. SAJU,S/O.CHANDRAN, MALAVILA VEEDU,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.G.P.SHINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :28/01/2009
O R D E R
R.BASANT, J
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Crl.M.C. No.4838 of 2008
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Dated this the 28th day of January, 2009
ORDER
Petitioner along with co-accused faces indictment in a
prosecution for offences punishable, inter alia, under Sections
332 and 307 r/w 149 I.P.C. Final report was filed. Cognizance
was taken by the learned Magistrate. Committal proceedings
was registered as C.P.No.87 of 2003.
2. Accused 1 to 14, 17 to 19, 23 to 32, 34 and 35
appeared before the committal court and the learned Magistrate
as per order dated 29.11.04 in C.P.No.87 of 2003 committed the
case in so far as it relates to the above accused to the Court of
Session. The case against accused Nos.15, 20 to 22 and 33 was
refiled as C.P.No.197 of 2004. The petitioner is accused No.33.
3. When the records reached the Sessions Court, by an
unintended and inadvertent error, summons was issued by the
court of Session to the petitioner herein ie. accused No.33. In
response to that summons, the petitioner appeared before the
learned Sessions Judge. He was released on bail. The case
against all the accused who were committed as also the
petitioner herein is now pending before the learned Sessions
Judge as S.C.No.778 of 2005.
Crl.M.C. No.4838 of 2008 2
4. Thus the case against the petitioner, though not
formally committed to the Court of Session, is continuing before
the Court of Session as S.C.No.778 of 2005.
5. But the learned Magistrate in C.P.No.197 of 2004 has
issued coercive processes against the petitioner. The petitioner
finds such processes chasing him. He has hence come to this
Court complaining that though he is on bail in that case which
arose from Crime No.1 of 2000 of Neyyar Dam Police Station,
coercive processes issued by the learned Magistrate are chasing
the petitioner in C.P.No.197 of 2004 pending before the Judicial
Magistrate of the First Class, Kattakkada in respect of the same
offence.
6. The matter was received in this Court and reports of
the Magistrate and the Sessions Judge concerned were called
for. It is now evident that proceedings are pending before both
the courts against the petitioner on account of an obvious
mistake/error. I am satisfied that appropriate directions can be
issued to avoid such inconvenience and conflict. The petitioner
must obviously be held to have contributed to the situation as he
must have known that without an order of committal no
proceedings could have been initiated against him before the
Sessions Court in view of Section 193 Cr.P.C. Be that as it may,
Crl.M.C. No.4838 of 2008 3
it is not necessary to go on a mission of fault finding and I am
satisfied that appropriate directions can be issued.
7. In the result, this Crl.M.C is allowed and the following
directions are issued:
i) The proceedings against the petitioner (accused
No.33), the case against whom has not been committed to the
Court of Session, shall not be continued in S.C.No.778 of 2005
pending before the Assistant Sessions Court, Neyyattinkara;
ii) Proceedings against the petitioner (accused N.33)
shall continue in C.P.197 of 2004 pending before the Judicial
Magistrate of the First Class, Kattakkada. Inasmuch as the
petitioner has already appeared in S.C.No.778 of 2005 and has
been enlarged on bail by the learned Assistant Sessions Judge,
there shall be a direction that coercive processes against the
petitioner shall not be executed in C.P.No.197 of 2004 on
condition that the petitioner appears before that court and
executes the necessary bond as directed by the learned
Magistrate on or before 16.02.2009. Communicate copy of the
order to both courts who shall make necessary entries to
correct/reverse the errors/mistakes committed.
(R.BASANT, JUDGE)
rtr/-