A. Badharudeen, J
1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, seeking the following reliefs:
(i) Direct the trial of Annexure-A3 and S.C. No.614/2023 on the files of Additional Sessions (POCSO), Thiruvananthapuram by same Court one after another.
(ii) Stay the trial of Annexure A3 before the trial in Annexure A2.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Though notice was issued to the victim, she did not appear. Perused the relevant materials available.
3. Precisely stating, the prayer in the petition is to try S.C. No.408/2023 pending before the Fast Track Special Court, Nedumangad and S.C. No.614/2023 on the files of the Additional Sessions Court, Thiruvananthapuram, by one Court one after another, on the submission that both cases arose at the instance of the same victim.
4, According to the learned counsel for the petitioner, the allegation against the petitioner herein is that, he committed offences punishable under Sections 376, 376(2)(n) of Indian Penal Code as well as under Sections 4 read with 3(a), 6 read with 5(l) and 8 read with 7 of Protection of Children from Sexual Offences Act, during the period in between July, 2021 to November, 2021 as against the minor victim. Later, noticing the pregnancy of the victim, on conducting DNA examination, it was found that one Sanal Raj is the person responsible for the pregnancy. The case against the said Sanal Raj, alleging commission of offences punishable under Sections 376, 376(2)(h)(n) of IPC and under Sections 4 read with 3(a), 6 read with 5(j)(ii), 5(l), 5(q), 8 read with 7, 12 read with 12(iv) of the POCSO Act is pending as S.C. No.614/2023 before the Additional Sessions Judge, Thiruvananthapuram. Accordingly, the petitioner prays for trial of both cases by the same court one after another.
5. In view of the above, a report from the learned Additional District and Sessions Court, Thiruvananthapuram was called for and as per the report dated 29.10.2024, it is reported by the learned Sessions Judge that, now S.C. No.614/2023 was transferred to the Fast Track Special Court, Nedumangad for trial and disposal. It is also submitted that, as per the report dated 28.10.2024 of the learned Special Judge, Nedumangad, charge framed in this case and the trial is scheduled to 23.09.2024. CW1 was examined as PW1 and Ext.P1 marked and the case has been posted to 11.11.2024 awaiting MO’s and FSL report.
6. The learned Public Prosecutor did not oppose trial of both cases by the same court, separately.
7. On perusal of the records, the grievance of the petitioner can be addressed, since both cases are pending before the same court. Hence, I am inclined to allow this petition.
Accordingly, this Crl.M.C. stands allowed and there shall be a direction to the learned Special Judge, Nedumangad, to try and dispose of both cases by himself, as per law.
