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1981 Supreme(Ker) 246

K.K.NARENDRAN
Joseph – Appellant
Versus
Joseph – Respondent


Judgment :-

1. The short point that arises for consideration is whether for the clubbing for trial of a complaint case and the case arising out of the Police report under S.210 of the Code of Criminal Procedure 1973, is it enough if the complaint case and the Police charge relate to the same occurrence or is it necessary that the offences taken cognizance of in both must be identical, when the other conditions insisted by the section are satisfied. The complainant in C.C.1935 of 1978 before the Judicial Magistrate of the Second Class, Ernakulam is the revision petitioner and respondents 1, 3 and 4 the accused therein. The occurrence took place at 10.30 a. m. on 15-1-1978. The matter was reported to the Cochin Cusba Police Station and Crime No. 13 of 1978 was registered against respondents 3 and 4 only. As the respondent No. 1, who is a Police Constable, was left out, the petitioner filed a complaint as C. C. 75 of 1978 before the Judicial Magistrate of the First Class, Cochin. The learned Magistrate took cognizance of all the offences mentioned in the complaint and that too against all the accused. The case was later transferred to the Judicial Magistrate of the Second Class, Ernak
















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