Kerala High Court
Rajendra Pillai vs M.Shivaprasad on 18 March, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
Crl.Rev.Pet.No. 356 of 2019
AGAINST THE ORDER DATED 25.07.2018 IN M-NO-21274/2017 ON THE FILES
OF THE SUB DIVISIONAL MAGISTRATE, KOLLAM
REVISION PETITIONER/S:
1 RAJENDRA PILLAI, AGED 57 YEARS,
S/O LATE THANKAPPAN PILLAI,
AMAL SREE HOUSE,
EDAVATTOM, VELLIMON P.O
PERINAD, KOLLAM-691 511.
2 M. VINOD, AGED 39 YEARS,
S/O. MADHAVAN PILLAI,
MANOJ BHAVANAM,
EDAVATTOM, VELLIMON P.O,
PERINAD, KOLLAM-691 511.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SMT.BHANU THILAK
SRI.RAAJESH S.SUBRAHMANIAN
SRI.V.R.RAJESH
RESPONDENTS/RESPONDENTS:
1 M.SHIVAPRASAD,
PRASAD BHAVANAM, EDAVATTOM,
VELLIMON, P.O, PERINAD, KOLLAM-691 511.
2 B.R.SANTHOSH KUMAR,
KIZHAKKEVEEDU, EDAVATTOM,
VELLIMON, P.O, PERINAD, KOLLAM-691 511.
3 GOPAKUMAR,
PRESIDENT NSS KOLLAM TALUK UNION,
TALUK UNION BUILDING,
ANANDHAVALLESWARAM, KOLLAM-691 013.
Crl.Rev.Pet.No. 356 of 2019 2
4 THULASEEDHARAN PILLAI,
SECRETARY, N.S.S. TALUK UNION,
TALUK UNION BUILDING, ANANDHAVALLESWRAM,
KOLLAM-691 013.
5 THE SUB-DIVISIONAL MAGISTRATE,
KOLLAM-691 001.
6 THE TAHASILDAR AND EXECUTIVE MAGISTRATE, KOLLAM.
7 THE STATION HOUSE OFFICER,
KUNDARA POLICE STATION, KUNDARA,
KOLLAM-691 501.
8 THE VILLAGE OFFICER,
PERINAD VILLAGE, KOLLAM- 691 511.
9 JAYAPRAKASH,
JUNIOR SUPERINTEND, ACCOUNTS SECTION,
TALUK OFFICE, KOLLAM-691 001.
10 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-31.
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
R10 BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No. 356 of 2019 3
ORDER
Under challenge in this Revision Petition is the order dated 25.07.2018 in M-21274 of 2017 on the files of the Sub Divisional Magistrate Court, Kollam.
2. The petitioners herein are the 'A' party in the proceedings and the respondents 1 and 2 are the 'B' party.
3. When the matter was taken up, it is submitted by the learned counsel appearing for the respondents 1 and 2 that they have assailed the impugned order before the learned Sessions Judge by filing Crl.R.P.No.21 of 2018 and the same is pending. According to the learned counsel, in order to avoid conflict of decisions, it would be just and proper that both the matters are heard by the same court.
4. No objection is raised by the learned counsel appearing for the petitioners.
5. Section 402 of the Cr.P.C enables this Court to take note of the general convenience of the parties to pass appropriate orders in Crl.Rev.Pet.No. 356 of 2019 4 the interest of justice. Having considered the submissions, I am of the view that it would be proper to transfer the instant revision petition to the Sessions Court, Kollam so that both the revision petitions can be considered together.
6. In the result, Crl.R.P.No.356 of 2018 will stand transferred to the Court of Session, Kollam where Crl.R.P.No.21 of 2018 is pending.
7. The Registry is directed to transfer the records to the Court of Session, Kollam. The learned Sessions Judge shall consider the same and pass orders on its merits.
This petition is accordingly disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE IAP