SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners the accused in S.C.190/2010 on the file of II Additional Sessions Court, Thodupuzha filed this petition under Section 482 of the Code of Criminal Procedure for a direction to the learned Sessions Judge to try S.C.190/2010 along with the case now pending before Judicial First Class Magistrate's Court, Idukki as CMP 985/2010 on committal as according to petitioners one is the main case and the other is the countercase. It is contended that Annexure A3 petition is filed before Additional Sessions Court, Thodupuzha to postpone the trial of S.C.190/2010 till the other case is committed.

(2.) Learned Counsel appearing for the petitioners and the learned Public Prosecutor were heard.

(3.) If CMP 985/2010 now pending before Judicial First Class Magistrate's Court, Idukki is the countercase of S.C.190/2010, learned Magistrate is bound to commit the case to the Sessions Court as provided under Section 323 of the Code of Criminal Procedure. If it is a countercase, that case is definitely to be tried along with S.C.190/2010 pending before Additional Sessions Court, Thodupuzha, though not jointly but one after the other. Petitioners have already filed Annexure A3 petition before the learned Sessions Judge pointing out that CMP 985/2010 is the countercase of S.C.190/2010. In such circumstances, the petition is disposed of directing the II Additional Sessions Court, Thodupuzha to consider Annexure A3 application and pass appropriate orders in accordance with law. It is made clear that if CMP 985/2010 is the countercase of S.C.190/2010, the learned Sessions Judge has to try the said case also along with S.C.190/2010, though not jointly but one after the other.