Koshy, J.

The petitioner is the accused in C.C.No.148/2006 on the file of the Judicial First Class Magistrate II, Kannur. The said case was charge-sheeted by the Kannur Town Police Station alleging offences punishable under Sections 323, 324 and 506 (II) of Indian Penal Code. Subsequently the de facto complainant preferred a private complaint against the petitioner in respect of the very same incident alleging offences punishable under Sections 307, 324, 326, 452 and 506 (II) of Indian Penal Code. The said private complaint stands committed to the Court of Sessions, Thalassery as per order dated 9-5-2006 and pending as C.P.22/2006. However, the case charge-sheeted by the police, i.e., C.C.No. 148/2006 is still pending before the Judicial First Class Magistrate II, Kanpur. Therefore, this Transfer Petition is filed for transferring C.C.No.148/2006 to the Court of Sessions, Thalassery.

2. When the case came up for admission the learned Single Judge felt that there is conflict with two decisions of this Court—(1) Santhosh v. State of Kerala (2006 (3) K.L.T. 439) and (2) State of Kerala v. Annamma (2003 (2) K.L.T. 763). In Annamma's case it was held that the High Court has go