IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 51 of 2010()
1. B.T.ABDUL SATHAR, ADVOCATE
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. B.T.HAJIRA, AGED 65 YEARS,
3. B.T.KHARARUNNISA AGED 56 YEARS,
4. B.T.ZEENATH, AGED 40 YEARS,D/O.HAJIRA,
5. B.T. UMEES, AGED 38 YEARS,
6. B.T. ASHIQUE, AGED 36 YEARS,
7. B.T. RAUSE, AGED 35 YEARS,
8. MUHAMMED NAJEEB,
9. P.P.K. RASHEEDA, AGED 36 YEARS,
For Petitioner :SRI.P.U.SHAILAJAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Tr.P.(Crl.)No.51 of 2010
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ORDER
Petitioner, an Advocate practising in Kannur
courts, who is the 9th accused in C.C.No.338/2008 on
the file of Judicial First Class Magistrate’s
Court-I, Kannur, filed this petition to order
transfer of the case to another court with a
direction to hear the petitioner before framing
charge, within a specified period, contending that
case is being adjourned, as petitioner is an
Advocate practising in that court, the court has
expressed the view that case is to be transferred.
2. A report was called for from Judicial First
Class Magistrate-I, Kannur. The report shows that
as petitioner is an Advocate and a member of Kannur
Bar Association, who regularly appear before the
court and filed vakalath in several cases, learned
Magistrate addressed Chief Judicial Magistrate,
Thalassery, requesting the court to transfer the
TPCR 51/10 2
case to some other court having jurisdiction and
there is no impediment for the Magistrate to
dispose the matter, except that petitioner is
regularly practising before that court.
3. So far, C.C.No.338/2008 on the file of
Judicial First Class Magistrate’s Court-I, Kannur
is not transferred to any other court. Therefore, I
find no necessity to issue a direction to hear the
case by any other Magistrate. The fact that one of
the accused is an Advocate practising in that court
need not be a reason for the Magistrate to seek an
order of transfer or refuse to try the case. In
such circumstances, Judicial First Class
Magistrate-I, Kannur is directed to consider the
petition for discharge filed under Section 239 of
Code of Criminal Procedure expeditiously and pass
appropriate order in accordance with law.
Petition is disposed.
14th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv