Gini Varghese vs Sajan Antony on 10 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(Crl.).No. 99 of 2009()


1. GINI VARGHESE, D/O.DEVASIA VARGHESE,
                      ...  Petitioner

                        Vs



1. SAJAN ANTONY, PUZHAKARAYIL HOUSE,
                       ...       Respondent

2. CHINNAMMA, W/O.ANTONY,

3. THE STATE OF KERALA,

                For Petitioner  :SRI.GEORGEKUTTY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :10/03/2010

 O R D E R
                        M.SASIDHARAN NAMBIAR, J.
                              ---------------------------
                          T.R.P.(Crl) No. 99 OF 2009
                               --------------------------
                   Dated this the 10th day of March, 2010

                                    O R D E R

Petitioner is the de facto complainant in C.C. No. 177/2008 on

the file of Chief Judicial Magistrate, Thodupuzha taken cognizance for the

offence under Section 498 A of Indian penal Code. Petition is filed to

transfer the case to Kottayam contending that the petitioner with a small

child is not in a position to travel to Thodupuzha to give evidence.

2. Petition is opposed by respondents 1 and 2 contending that

for the convenience of the petitioner alone the case cannot be transferred

and petitioner need appear before the Chief Judicial Magistrate only on

the date of her examination and hence the case may not be transferred.

3. Petitioner is only one of the prosecution witnesses to be

examined in the case. She need appear before the court only once and

that is only for her examination. On that ground, for her convenience the

case cannot be transferred.

I find no justification for transferring the case to Kottayam, as

sought for, especially when the second respondent, who is the mother of

the first respondent, is far aged compared to the petitioner.

Petition is dismissed.

M.SASIDHARAN NAMBIAR
(JUDGE)

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