R.P. Khalid vs Union Territory Of Lakshwadweep on 27 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(Crl.).No. 7 of 2009()


1. R.P. KHALID,
                      ...  Petitioner
2. AKBAR,
3. RAYAPADA ABOOBACKER,

                        Vs



1. UNION TERRITORY OF LAKSHWADWEEP,
                       ...       Respondent

2. R.P. MOHAMMED,

                For Petitioner  :SRI.NIRMAL. S

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :27/01/2009

 O R D E R
                           R. BASANT, J.
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                   Tr.P.(Crl).No. 7 of 2009
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            Dated this the 27th day of January, 2009

                              O R D E R

The petitioners, along with the second respondent, face

indictment in a prosecution for offences punishable, inter alia,

under Sections 353 and 332 r/w. 34 I.P.C. The alleged incident

took place on 1.8.2004 in the Lakadi Islands at Androth.

Investigation is complete. Final report has already been filed.

Cognizance has been taken. The matter is pending before the

J.F.M.C., Androth. Trial has not commenced yet.

2. It is at this juncture that the petitioners have come

before this Court to make a request on behalf of the petitioners

and the second respondent that the case may be transferred – can

be directed to be taken up at the Camp of J.F.M.C., Androth at

Calicut. It is submitted that such a direction shall advance the

interests of the petitioners and the second respondent as they

have appointed counsel from Calicut to conduct the trial on their

behalf. If is further submitted that all the witnesses to be

Tr.P.(Crl).No. 7 of 2009
2

examined are persons from the main land and the interests of justice

and interests of convenience of all, including the accused and the

witnesses, shall be served ideally by directing a transfer as prayed for.

3. Notice was given to the first respondent. The learned

Standing counsel has entered appearance. After taking instructions,

the counsel submits that he has instruction from the Public

Prosecutor that the police have no objection in the trial being held at

the Camp of J.F.M.C., Androth at Calicut.

4. I am, in these circumstances, satisfied that a direction for

transfer as prayed for shall serve the ends of justice eminently. This

petition deserves to be allowed.

5. This transfer petition is allowed. Trial in C.C. 25 of 2006

before the J.F.M.C., Androth shall be held by the learned Magistrate at

the Camp of the court at Calicut as prayed for.

(R. BASANT)
Judge
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