Arjun vs State Of Kerala
2021 Latest Caselaw 13245 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                        CRL.MC NO. 5458 OF 2020
 AGAINST THE ORDER/JUDGMENT IN SC 406/2017 OF ADDITIONAL DISTRICT &
                      SESSIONS COURT - V, KOLLAM,
PETITIONER/S:

             ARJUN
             AGED 28 YEARS
             S/O.RAJEEVAN, PUTHUVEETTIL, AZHEEKAL P.O,
             KARUNAGAPPALLY, KOLLAM

             BY ADV B.MOHANLAL



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM 682 031

     2       THE STATION HOUSE OFFICER,
             OCHIRA POLICE STATION, KOLLAM 691 004

     3       PRAVEEN,
             S/O. PRABUDHAN, PRAVEEN BHAVAN, SRAYIKKAD MURI, ALAPPAD
             VILLAGE, KARUNAGAPPALLY, KOLLAM 690 578

     4       VINEETH,
             S/O VIJAYAN, LAKSHMI THOPPIL VEEDU, ZUNAMI COLONY,
             PRAYAR VADAKKU MURI, CLAPPANA, KARUNAGAPPALLY,
             KOLLAM 690 546

     5       SANTHOSH,
             S/O. SATHEESAN, SUGUNAVILASOM VEEDU, AZEEHKKAL, ALAPPAD,
             KARUNAGAPPALLY, KOLLAM 690 547

     6       CHANDRAN,
             S/O. CHANDRANGATHAN, P.V.MANGALATH VEEDU, SRAYIKKAD MURI,
             AZHEEKKAL, ALAPPAD VILLAGE, KARUNAGAPPALLY, KOLLAM P.O,
             KOLLAM 680 504
 CRL.MC NO. 5458 OF 2020            2

OTHER PRESENT:

          SMT.M.K.PUSHPALATHA,PP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 5458 OF 2020               3



                              O R D E R

Dated this the 24th day of June 2021

SC No.406/2017 is pending on the files of the Sessions Court-V,

Kollam for trial. The petitioner herein is the 1st accused in a private

complaint which was filed as CMP No.4102/2017 before the Judicial

First Class Magistrate Court, Karunagapally. This Court had vide order

dated 16.12.2020 directed the Judicial First Class Magistrate Court,

Karunagapallly to pass final orders in CMP No.4102/2017 within a

period of six months. The learned Magistrate has filed a report stating

that the CMP has been disposed of on 16.12.2020 and presently

pending on the files of that Court as CC No.494/2021.

2. The learned counsel appearing for the petitioner submits that

CC No.494/2021 is connected with SC No.406/2017 and needs to be

tried together because it is in the nature of a case and a counter

case.

Under the circumstances, the Crl. M.C is allowed and the learned

Judicial First Class Magistrate, Karunagappally is directed to commit

CC No.494/2021 to the Court of Session, Kollam for the purpose of

being tried together with SC No.406/2017 which is pending before the

Sessions Court V, Kollam.

Sd/-

ASHOK MENON

rmm JUDGE

APPENDIX OF CRL.MC 5458/2020

PETITIONER ANNEXURE

ANNEXURE A1 THE TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1334/2016 OF OCHIRA POLICE STATION IN KOLLAM DISTRICT

ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1334/2016 OF OCHIRA POLICE STATION IN KOLLAM DISTRICT PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY

ANNEXURE A3 THE TRUE COPY OF THE FIR IN CRIME NO.

1341/2016 OF OCHIRA POLICE STATION IN KOLLAM DISTRICT AND THE STATEMENT OF THE PETITIONER.

ANNEXURE A4 THE TRUE CITIZEN COPY OF THE ACCIDENT CUM WOUND CERTIFICATE OF THE PETITIONER ISSUED FROM TALUK HEADQUARTERS HOSPITAL, KARUNAGAPPALLY DATED 18-07-2016

ANNEXURE A5 THE TRUE COPY OF THE REFER REPORT IN CRIME NO. 1341/2016 OF OCHIRA POLICE STATION IN KOLLAM DISTRICT

ANNEXURE A6 THE TRUE COPY OF THE JUDGMENT DATED 24-11-

2017 IN W.P(C) NO. 31398/2017 OF THIS HON'BLE COURT.

ANNEXURE A7 THE TRUE COPY OF THE PROTEST COMPLAINT C.M.P NO. 4102/2017 DATED 13-12-2017 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY

ANNEXURE A8 THE TRUE COPY OF THE APPLICATION IN S.C NO.

406/2017 FILED BY THE PETITIONER BEFORE THE SESSIONS COURT, KOLLAM.