High Court Kerala High Court

Anil Kumar vs State Of Kerala on 2 April, 2007

Kerala High Court
Anil Kumar vs State Of Kerala on 2 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr P(Crl) No. 26 of 2007()


1. ANIL KUMAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED
                       ...       Respondent

2. PONNAMMA,

                For Petitioner  :SRI.T.S.JOHN

                For Respondent  :SRI.C.R.SIVAKUMAR

The Hon'ble MR. Justice R.BASANT

 Dated :02/04/2007

 O R D E R
                                 R.BASANT, J.

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

                          Tr.P.(Crl.).No.26 of 2007

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

                  Dated this the 2nd day of April  2007




                                   O R D E R

The petitioner is the accused in a prosecution under

Sections 420 and 427 I.P.C. It is submitted that the crime was

registered on the basis of a private complaint filed by the

complainant which was referred to the police under Section 156

(3) Cr.P.C. Investigation is complete. Final report has been

filed. Cognizance has been taken.

2. The petitioner has come before this court with a

prayer for transfer of the case. The short plea raised by him is

that he is an advocate clerk practising in the very same court

where the prosecution against him is pending. Witnesses who

are to tender evidence against him are all advocates who

regularly practise before that court. This situation may result in

justice being denied to him. He may be saved of the

embarrassment of facing trial in the same court. As witnesses

are persons appearing regularly before the same court, he

apprehends that justice may be denied to him.

Tr.P.(Crl).No.26/07 2

3. The application is opposed by the learned counsel for

the second respondent. Notwithstanding the opposition, I am

satisfied that the petitioner’s grievance deserves sympathetic

and favourable consideration. I am satisfied that there can be a

direction for transfer of the case to any other court. There is no

dispute that the court at Kottarakkara is the nearest court.

4. In the result, this Criminal Miscellaneous Case is

allowed. C.C.No.590/06 pending before Judicial First Class

Magistrate Court, Punalur is transferred to the court of the

learned Judicial First Class Magistrate -I, Kottarakkara. The

learned Magistrate of Punalur shall forthwith forward the

records to the Judicial First Class Magistrate Court-I,

Kottarakkara. The petitioner shall appear before the Judicial

First Class Magistrate Court-I, Kottarakkara without waiting for

any further directions on 14/05/2007.

5. Communicate copies of this order to both courts.

(R.BASANT, JUDGE)

jsr

Tr.P.(Crl).No.26/07 3

Tr.P.(Crl).No.26/07 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006