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Sreeraj vs State Of Kerala

High Court Of Kerala|04 November, 2014
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JUDGMENT / ORDER

The petitioners herein are the five accused in SC. No.350/14 in the court of Session Palakkad. It is now before the learned Assistant Sessions Judge Palakkad. The petitioners seek orders from this court under Section 482 Cr.P.C directing the learned Assistant Sessions Judge II, to keep trial in the said case in abeyance till C.C No.2744 /2014 now pending before the Judicial First Class Magistrate Court reaches before the learned Assistant Sessions Judge. No doubt, the prayer as sought cannot be legally granted. If at all C.C No.2744/14 is counter to SC No.350/14, the petitioners will have to move the learned Magistrate with necessary application to commit the said case to the court of Session, for simultaneous trial with the Sessions case. A calender case cannot also be transferred to the court of Session under Section 407 Cr.P.C, because cognizance in a court of Session is not directly possible, if not specifically authorized by any special law. The petitioners will have to convince the learned Magistrate that C.C No.2744/14 is in fact a counter case, or a case to be simultaneously Crl. M.C No. 5394 of 2014 2 tried by the court of Session along with S.C 350/14. If he could so convince the learned Magistrate, the case will be committed to the court of Session, by adopting the required procedure under the Code of Criminal Procedure. With these observations this Crl.M.C is dismissed. P.UBAID, JUDGE sab
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Title

Sreeraj vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
04 November, 2014
Judges
  • P Ubaid
Advocates
  • Sri Nireesh Mathew