The court exercised its power under Section 482 of the Code of Criminal Procedure, 1973 to transfer the case to the Sessions Court in the interest of justice, to avoid the petitioners facing two trials for the same overt acts.

Dated this the 9th day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 , by the petitioners, who are accused Nos.1 and 2 in Crime No.668/2014 of Thrissur Town West Police Station and the prayer herein is as under:

“To quash Annexure-B Complaint and Annexure-C order in C.M.P.No.3071 of 2014 and all proceedings against the petitioners/accused in C.P.No:4 of 2017 on the files of Judicial First Class Magistrate Court No:II, Thrissur, in the interest of justice.”

2.Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor, in detail. Perused the relevant documents.

3.In this matter, initially FIR registered, alleging commission of offences punishable under Sections 341 , 294(b) and 506(ii) of the Indian Penal Code (for short, ‘the IPC ’ hereinafter) as well as under Section 119 (a) of the Kerala Police Act, 2011 . Final Report filed alleging commission of the above offences, for which, the learned Magistrate took cognizance and numbered the case as C.C.No.273/2014. While so, the complainant directly filed a complaint before the learned Magistrate, reiterating the allegations and on the submission that, apart from the offences alleged to be committed as per the Final Report, offences under Sections 354 , 324 and 308 of the , also committed by the accused. Out of which, offence under Section 308 of the is an offence triable by the Sessions Court. Now, the grievance of the petitioners is that, after taking cognizance for the offences punishable under , 294(b), 506(ii), 354, 324 and 308 of the , the case was committed to the Sessions Court for trial, after keeping C.C.No.273/2014 before the Chief Judicial Magistrate Court, Thrissur (now the matter has been pending as C.C.No.1453/2015 before the Judicial First Class Magistrate Court-II, Thrissur). Thus, the grievance of the petitioners is that, now, the petitioners are forced to face two trials in respect of the same overt acts.

4.In fact, in the facts of this case, it is necessary in the interest of justice to transfer the entire records in C.C.No.1453/2015 on the files of the Judicial First Class Magistrate Court-II, Thrissur to the Sessions Court, Thrissur, with direction to the Assistant Sessions Court, Thrissur to consider both cases together by way of clubbing or otherwise and try the petitioners only for the offences made out of the same occurrence, without considering the same as separate occurrence and separate offences.

5.holding so, this petition stands disposed of. the judicial first class magistrate court-ii, thrissur, is directed to transfer the entire records in c.c.no.1453/2015, to the principal assistant sessions court, thrissur, and to consider the same along with s.c.no.164/2020 pending before that court. registry is directed to forward a copy of this order to the trial court as well as the assistant sessions court, for information and compliance.