T.Sajeev Kumar vs Malabar Chit Funds Pvt.Ltd on 19 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 4040 of 2006()


1. T.SAJEEV KUMAR, AGED 27 YEARS,
                      ...  Petitioner

                        Vs



1. MALABAR CHIT FUNDS PVT.LTD.,
                       ...       Respondent

                For Petitioner  :SRI.KRISHNADAS P. NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :19/02/2007

 O R D E R
                                  R.BASANT, J

                               ----------------------

                           Crl.M.C.No.4040 of 2006

                          & Tr.P.(Crl).No.30 of 2007

                         ----------------------------------------

               Dated this the  19th day of February  2007




                                    O R D E R

These petitions are filed by the complainant

(Tr.P.Crl.No.30/2007) and the accused (Crl.M.C.No.4040 of

2006) respectively in C.C.No.798/2002 pending before the

Judicial First Class Magistrate Court, Pala. The accused

complains that the court at Pala has no territorial jurisdiction

and it is the court at Calicut which has jurisdiction to try the

cases. The complainant who had filed the complaint before the

court at Pala now prays that the case may be transferred to the

Court at Calicut.

2. Both the complainant and the accused have now made

a joint prayer that the case may be transferred from the court at

Pala to the court at Calicut. I am satisfied that the said request

made separately by the complainant and the accused can be

accepted and transfer can be directed, as prayed for.

3. There is, of course, a prayer by the petitioner/accused

in Crl.M.C.No.4040/2006 that the proceedings may be quashed. I

Crl.M.C.No.4040/2006 &

Tr.P.Crl.No.30/2007 2

find absolutely no reason to justify the said prayer for quashing

of proceedings. No grounds have been urged in support of that

prayer and the alternative prayer cannot be accepted. The

prayer that the case may be transferred to the court at Calicut

can be accepted.

4. In the result, these petitions are allowed.

C.C.No.798/2002 pending before the Judicial First Class

Magistrate Court, Pala is transferred to the Judicial First Class

Magistrate Court-I, Calicut. Parties shall appear before the

learned Magistrate at Calicut on 26/03/2007 without waiting for

any further directions. The court at Pala shall forthwith forward

the records to the court at Calicut.

(R.BASANT, JUDGE)

jsr

Crl.M.C.No.4040/2006 &

Tr.P.Crl.No.30/2007 3

Crl.M.C.No.4040/2006 &

Tr.P.Crl.No.30/2007 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006