IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 65 of 2009()
1. P.N.GEETHA,AGED 57 YEARS,
... Petitioner
Vs
1. T.NARENDRANATHAN,AGED 58 YEARS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SMT.C.G.PREETHA
For Respondent :SRI.R.SREERAJ
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/07/2009
O R D E R
M.Sasidharan Nambiar, J.
--------------------------
Tr.P.(Crl.)No.65 of 2009
--------------------------
ORDER
Petitioner is the defacto complainant in C.C.
No.710/2007 on the file of Judicial First Class
Magistrate’s Court, Chittur. First respondent is
the accused and husband of the petitioner. The
offences alleged against first respondent are under
Sections 498A and 495 of Indian Penal Code. This
petition is filed to transfer the case to Judicial
First Class Magistrate’s Court, Kunnamangalam
contending that petitioner and her mother and one
more witness, who are to be examined in the case,
are residents of Kozhikode and they are not in a
position to travel to Chittur and therefore, the
case is to be transferred to Kunnamangalam. It is
contended that original complaint was filed before
Kunnamangalam Police and was transferred to Chittur
and a final report was submitted therein and
considering the health condition of the petitioner
TPCR 65/09 2
and also the mother of the petitioner, who is aged
76, the case is to be transferred.
2.Learned counsel appearing for the petitioners
and first respondent and learned Public Prosecutor
were heard.
3. Learned counsel appearing for the petitioners
submitted that there is nobody else, apart from the
petitioner and her mother, to assist them and it is
not possible for them to travel to Chittur and give
evidence, especially due to the health condition of
the petitioner and also the aged mother of the
petitioner and therefore, the case is to be
transferred to Kunnamangalam.
4. Learned counsel appearing for the first
respondent submitted that first respondent is
suffering from heart ailment and he cannot travel
to Kunnamangalam and in such circumstances, the
case may not be transferred to Kunnamangalam.
5. Learned Public Prosecutor submitted that one
witness has already been examined by the Magistrate,
TPCR 65/09 3
Chittur and the other witnesses, namely, petitioner
and her mother and other witness did not appear.
6. When first respondent/accused also raises
an objection on health ground, it is not possible
to order transfer as sought for. If the grievance
of the petitioners is that they will be compelled
to travel to Chittur on several occasions, it could
be avoided by directing the Magistrate to examine
the petitioner and her mother on a particular day
fixed for that purpose. Judicial First Class
Magistrate, Chittur is directed to fix a particular
day for examination of the petitioner and her
mother and to examine them on the same day without
postponing the case to any other day.
Petition is disposed.
13th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv