P.D. Rajan, J.

The question under challenge in this case is whether the conducting of 'case and counter case' by the same Asst. Public Prosecutor amounts to an illegality, when both cases arise out of police charge sheet? This revision petition is preferred against the judgment in C.C.No.369/1998 of the Judicial First Class Magistrate, Malappuram by the defacto complainant. The accused was charge sheeted by the Judicial First Class Magistrate for having committed an offence punishable under Section 326 IPC. The charge against the accused is that on 19.7.1998 at about 9.45 p.m., while PW1 was proceeding to his room in the lodge at Parambilangadi, accused voluntarily caused grievous hurt to him by beating with a torch on his left leg and left hand as a result, he sustained serious injuries on his elbow and tibia, thereby committed the offence. Kottakkal Police registered a Crime and after investigation laid charge before Judicial First Class Magistrate, Malappuram. During trial, prosecution examined PW1 to PW11 and marked Exts.P1 to P6. MO1 was admitted in evidence. The incriminating circumstances brought out in evidence were denied by the accused, while questioning him. He did