B.KEMAL PASHA
Jossy Varghese – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent
1. Can a case pending before a Judicial First Class Magistrate's Court be transferred to the Special Court (Vigilance) for trial along with a case pending before the Special Court (Vigilance)?
2. Petitioners seek for a transfer of CC.649/2005 of the Judicial First Class Magistrate's Court, Pala, to the Special Court (Vigilance), Thrissur, for trial along with CC.6/2014 pending before the Special Court (Vigilance), Thrissur.
3. For the same transaction, two crimes were registered; one by the local police and one by the vigilance. Two final reports were filed, which culminated in CC.649/2005 of the Judicial First Class Magistrate's Court, Pala and CC.6/2014 of the Special Court (Vigilance), Thrissur. Matters in controversy are the same in both the cases.
4. In the final report relating to CC.649/2005, there are five accused namely, Jossy Varghese, Jose M.J., George Joseph, Siby Varghese and Rosamma. In the final report relating to CC.6/2014, there are altogether 16 accused, out of whom A1 to A4 and A10 to A16 are the officers of KFC and they are charged with offences under the Prevention of Corruption Act, 1988(“PC Act”, for short). A5 to A9 in CC.6/2014 are the very same accu
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