IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13446 of 2005(A)
1. K.V.JOOJU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUPERINTENDENT OF POLICE, THRISSUR.
For Petitioner :SRI.M.S.UNNIKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :15/10/2008
O R D E R
THOMAS P. JOSEPH, J.
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W.P.(C) No.13446 of 2005 A
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Dated this the 15th day of October, 2008.
JUDGMENT
Heard both sides.
2. Petitioner alleged that a Constable attached to Thrissur East Police
Station assaulted him and caused damage to his car on 20.3.2004 at about
11.45 p.m. and on the information given by the petitioner, case was registered as
Crime No.223 of 2004 on the same day. Police registered Crime No.222 of 2004
against the petitioner on the same day. Petitioner came to this Court
complaining that though police filed final report in Crime No.222 of 2004 and that
case was taken on file as C.C.No.790 of 2004 of Judicial First Class Magistrate
Court I, Thrissur, no final report has so far been filed in Crime No.223 of 2004
registered at his instance. He therefore, prayed that appropriate direction be
issued to the respondents to submit final report in Crime No.223 of 2004 also so
that, that case as well as C.C.No.790 of 2004 could be tried and disposed of
simultaneously.
3. At the time of hearing, counsel for the petitioner submitted that final
report has been filed in Crime No.223 of 2004 and that case is pending i the
same court as C.C.No.815 of 2004. The prayer of the petitioner now is to issue
a direction to learned Judicial First Class Magistrate-I, Thrissur to conduct
simultaneous trial and disposal of the two cases.
WP(C) No.13446/2005
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4. There is no reason why such a direction is to be issued in the
matter by this Court. It will be open to the petitioner to request learned
magistrate for simultaneous trial and disposal of the two cases and if such a
request is made, learned magistrate will certainly consider that request taking
into account the nature of the allegations and counter allegations made in the
cases and pass appropriate orders in the matter.
With the above observation, this Writ Petition is dismissed.
THOMAS P.JOSEPH,
JUDGE.
cks
WP(C) No.13446/2005
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