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1963 Supreme(All) 35

ANNA CHANDY, P.GOVINDA MENON
Variath Rappai – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
M.M. Abdulkhader, for Petitioners; State Prosecutor, for Counter-petitioner.

JUDGMENT :

GOVINDA MENON, J. :- This is a petition filed by the accused in Calendar case 74 of 1962 on the file of the Additional First Class Magistrate of Shertallai against the order of the learned First Class Magistrate splitting the charges and registering three separate cases. The charge against the accused was that on 7-3-1962 they jointly collected lime shells and removed the same in three boats without a licence in contravention of Sec. 3 of the Kerala Lime Shells (Control) Act XVIII of 1958 an offence punishable under Sec. 10 of the Act.

2. The Assistant Public Prosecutor in charge of the case filed a petition before the Magistrate that as the case involved three different transactions for which three separate trials have to be conducted, the Court might split up the charge and proceed with the trial of the accused in three separate cases. The learned Magistrate allowed the petition and split up the case and directed that the accused be proceeded against in three separate cases C. C. Nos. 224, 225 and 226. The accused challenges the correctness of this order in this revision petition. In view of the importance of the question of law involved, the case has been referred for d














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