The petitioner herein is the defacto complainant in CC 307/2010 which stands disposed of by the learned Judicial First Class Magistrate- 1 Mavelikkara. In the said case the prosecution alleged offences under Sections 143, 147, 148, 447, 448 and 427 IPC, read with Section 149 IPC. On trial the trial court found the respondents herein guilty under Sections 143, 147 and 447 IPC read with Section 149 IPC, but acquitted them of the other offences under Sections 143, 448 and 427 IPC. Aggrieved by the acquittal part of the judgment, the petitioner filed a criminal appeal before the Court of Session Alappuzha, and it is now pending before the First Additional Sessions Judge, Mavelikkara as Crl. Appeal No.30/2013. Challenging the conviction and sentence the respondents also filed Crl. Appeal 378/2012. But they lost their case in appeal. Later they preferred revision before this court as Crl.R.P. No.939/2013. In revision this court set aside the conviction and sentence and acquitted the respondents. Against this order the petitioner herein approached the Hon'ble Supreme Court with a petition for special leave to appeal. It is now pending, and leave is yet to be granted by the Hon'ble Supreme Court. The grievance of the petitioner is that if Crl. Appeal No.30/2013 happens to be decided or disposed of before orders are passed by the Hon'ble Supreme Court, it will do injustice to him, and so he seeks a direction to the appellate court to keep the appeal pending till the Hon'ble Supreme Court takes decision in the proceeding brought by the petitioner. For the said purpose the petitioner filed annexure 2 petition before the appellate court, but the learned Additional Sessions Judge dismissed the said petition on 4.08.2014. Annexure 3 is copy of the said order which is sought to be set aside in this proceeding brought under Section 482 Cr.P.C. On hearing both sides and on a perusal of the materials, I find that the relief as sought by the petitioner cannot in fact be granted in law. However this court observes that it would be quite appropriate for the appellate court to wait reasonably. Of course, the appellate court cannot indefinitely wait till orders are passed by the Hon'ble Supreme Court. The matter is left to the discretion of the appellate court. In the present circumstances where the petitioner has already moved the Supreme Court, and he hopes to get orders from the Hon'ble Supreme Court, the appellate court can reasonably wait for a short period , because, if the matter is decided ultimately in favour of the petitioner by the Hon'ble Supreme Court, it will create problems in procedure. With these observations, leaving the matter to the discretion of the appellate court again, this Crl.M.C. is closed.
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P.UBAID, JUDGE lmp //TRUE COPY// P.A. TO JUDGE