Accused challenged the transfer of their sessions case to another Pathanamthitta sessions court for joint handling with a cross-case arising from the same incident. The High Court upheld the transfer, clarifying that case and counter-case must be tried consecutively, not jointly.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
CRL.MC NO. 5412 OF 2024
CRIME NO.547/2013 OF Enath Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.685 OF 2018 OF DISTRICT
COURT& SESSIONS COURT,PATHANAMTHITTA
PETITIONERS:
1RIJO K BABU
AGED 36 YEARS
S/O LATE KOCHUMMEN BABU,
R/AT LIBU BHAVANAM,
THUVAYOOR SOUTH,
KADAMBANDU VILLAGE,
NELLIMUKAL,
MALANKAVU,
ADOOR TAKLUK,
PATHANAMTHITTA -, PIN - 691551
2BLESSON BENJAMIN
AGED 34 YEARS
S/O BENJAMIN,
R/AT CHEENIVILAYIL VEEDU,
THUVAYOOR SOUTH,
KADAMBANDU VILLAGE,
NELLIMUKAL,
MALANKAVU,
ADOOR TAKLUK,
PATHANAMTHITTA -, PIN - 691551
BY ADVS.
M.S.IMTHIYAZ AHAMMED
SHIRAZ ABDULLA M.S.
K.ABDUL NASSAR
MUHAMMED BANI M.
VISHNU DEV C.S.
MEHARBAN
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
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CRL.MC NO. 5412 OF 2024
OTHER PRESENT:
SRI. ASHI M.C (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.07.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 5412 OF 2024
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BECHU KURIAN THOMAS, J.
Crl.M.C. No. 5412 of 2024
Dated this the 3rd day of July, 2024
ORDER
Petitioners challenge Annexure D order transferring S.C.No.685/2018 from Additional Sessions Court-III, Pathanamthitta to Additional Sessions Court-I, Pathanamthitta.
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CRL.MC NO. 5412 OF 2024
be treated as case and counter case and hence allowed an application filed by the accused in S.C.No. 523/2018 and directed S.C.No. 685/2018 pending before the Sessions Court-III, Pathanamthitta to be transferred to the Sessions Court-I, Pathanamthitta.
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CRL.MC NO. 5412 OF 2024
Court by pronouncing Judgments on the same day. Relying upon the decision in Nathi Lal v. State of U.P . it was observed that the same learned Judge must try both case and counter-case one after the other and after recording of evidence in one case is completed, he must hear the arguments and reserve the Judgment. Thereafter he must proceed to hear the cross-case and after recording all the evidence and must hear the arguments and dispose the two matters by two separate Judgments one after the other. It was further observed that each case must by decided on the basis of the evidence placed on record in that particular case without being influenced in any manner by the evidence in the other case.”
CRL.MC NO. 5412 OF 2024
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With the above observations, this Crl.M.C is disposed
of.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 5412 OF 2024
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APPENDIX OF CRL.MC 5412/2024
PETITIONER ANNEXURES
Annexure AA TRUE COPY OF THE F.I.R. DTD 15-
06-2013 IN CRIME NO. 547/2013
Annexure BA TRUE COPY OF THE CMP NO.
2390/2024 BEFORE THE HON'BLE
SESSIONS COURT, PATHANAMTHITA, DTD
02-04-2024
Annexure CA TRUE COPY OF THE FIR IN CRIME NO.
546/2013 OF ENATH POLICE STATION
DTD 14-06-2013
Annexure DA TRUE COPY OF THE ORDER IN CMP NO.
2390/2024 IN SC NO. 685/2018 OF THE
SESSIONS COURT, PATHANAMTHITTA DTD
15-06-24
1 issue framed by the court
Whether the Sessions Court's transfer of S.C.No.685/2018 to be tried as a counter-case alongside S.C.No.523/2018 was legally sustainable?
Colour shows how this judgement treated each authority
Sudhir v. State of M.P.Relied on¶6
(2001) 2 SCC 688 · Who else cites this
2 provisions across 1 enactments
Rijo K Babu
Blesson Benjamin
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court