IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 16 of 2010()
1. MUJIB, AGED 27 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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Tr.P(Crl)No. 16 OF 2010
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Dated this the 8th day of March,2010
ORDER
Petitioner is the second accused in
S.C.157/2008 on the file of Additional Sessions
Court,Alappuzha. This petition is filed to
transfer the case from Additional Sessions
Court,Alappuzha to Additional Sessions Court,
Mavelikara contending that most of the accused
are residents of Kayamkulam and the alleged
occurrence has also taken place within the
jurisdiction of Additional Sessions Court,
Mavelikkara and it is convenient to the accused
to appear before Additional Sessions Court,
Mavelikkara and appearance before Additional
Sessions Court, Alappuzha causes difficulty to
them and in such circumstances the case is to
be transferred to Mavelikkara for trial.
2. Learned counsel appearing for the
Tr.P(Crl) No.16/2010 2
petitioner and learned Public Prosecutor were
heard.
3. The argument of the learned counsel is that
as provided under section 177 of Code of Criminal
Procedure every offence shall ordinarily be
inquired into and tried by a Court within whose
local jurisdiction it was committed and under
section 9(6) of the Code of Criminal Procedure the
Court of Sessions shall ordinarily hold its sitting
at such place or places as the High Court may, by
notification, specify; but, in any particular case
it may hold its sittings at any other place in the
sessions division as the High Court may permit by
notification and as there is no such notification,
the case cannot be tried by Additional Sessions
Court, Alappuzha and it is to be transferred to
Additional Sessions Court, Mavelikkara.
4. Section 197 of Code of Criminal Procedure
only provides that an offence shall be tried by a
court within whose local jurisdiction it was
Tr.P(Crl) No.16/2010 3
committed. Sessions Court, Alappuzha is having
jurisdiction over the entire Sessions division,
Alappuzha. Similarly Additional Sessions Court
Alappuzha and Mavelikkara can try all cases in
respect of offences committed within Alappuzha
Sessions Division. Therefore petitioner is not
entitled to contend that Additional Sessions Court,
Alappuzha has no jurisdiction to try the present
case as admittedly the offences were committed
within the Sessions Division, Alappuzha.
5. Section 9(6) of Code of Criminal Procedure
is to be applied, as canvassed by the learned
counsel appearing for the petitioner, if Additional
Sessions Court, Alappuzha is to hold its sitting
at any other place in the sessions division, than
the place where the court ordinarily hold its
sitting. There is no case for the petitioner that
Additional Sessions Court Alappuzha is not holding
its sitting, where it ordinarily holds sittings.
Therefore there is no violation of Section 9(6)
Tr.P(Crl) No.16/2010 4
also. Though learned counsel relied on Section 408
of Code of Criminal Procedure it has also no
application as the Sessions Judge, Alappuzha is
competent to make over any case to be tried by the
Sessions Judge to Additional Sessions Court,
Alappuzha or Additional Sessions Court,
Mavelikkara. It could also be tried by the
Sessions Judge himself. Though learned counsel also
argued that it will be convenient for the accused
to have the case tried at Mavelikkara, as the
accused have to travel a long distance compared to
Additional Sessions Court, Mavelikkara, if the case
is to be tried at Alappuzha, the case cannot be
transferred for the convenience of the accused.
Petition is dismissed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006