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