High Court Kerala High Court

M.K.Chacko vs State Of Kerala on 11 March, 2009

Kerala High Court
M.K.Chacko vs State Of Kerala on 11 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.L.P..No. 662 of 2008()



1. M.K.CHACKO
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.HARIDAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :11/03/2009

 O R D E R
                      V.K.MOHANAN, J.
          ----------------------------------------------
                   CRL.L.P. No.662 OF 2008
          ----------------------------------------------
                  Dated, 29th January, 2009.

                            ORDER

During the course of hearing of the matter, the

learned counsel for the petitioner submitted that

regarding the transfer of the case from the Judicial First

Class Magistrate, Thiruvalla to the Judicial First Class

Magistrate Court-I, Pathanamthitta, there was no formal

intimation to the parties and also to the counsel. It is also

submitted that no information was given to the parties

concerned regarding the renumbering of the cases in the

transferee court. Therefore, the Registry is directed to

obtain a report from the Presiding officers of the Court of

Judicial First Class Magistrate-I, Pathanamthitta as well as

the Judicial First Class Magistrate, Thiruvalla through the

District Judge, Pathanamthitta, as to what are the steps

and the proceedings taken for the transfer of the above

case. The impugned order is issued under section 256(1)

Cr.P.C. stating that neither the complainant nor his

Crl.L.P.662/08
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counsel turned up before the court in spite of 6 specific

postings. The ground raised by the counsel is that neither the

counsel nor the parties to the proceedings were informed the

transfer of the case and also the new case number in the

transferee court and the posting date of the case.

The Registry is directed to obtain the report within two

weeks from today and post the matter after two weeks.

V.K.MOHANAN, JUDGE

kvm/-

Crl.L.P.662/08
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V.K.MOHANAN, J.

No….

Judgment/Order

Dated: