High Court Kerala High Court

Arimbra Krishnan vs The State Of Kerala on 5 January, 2007

Kerala High Court
Arimbra Krishnan vs The State Of Kerala on 5 January, 2007
       

  

  

 
 
  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

                              ----------------------

                         Crl.M.C.No.968  of 2004

                        ----------------------------------------

                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

Crl.M.C.No.968/04 3

Crl.M.C.No.968/04 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006