IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(Crl) No. 39 of 2007()
1. RAMEEM K. UMMER, D/O. K.K.UMMER ALI
... Petitioner
Vs
1. K.M.ASHRAF, S/O. MARAKKAR,
... Respondent
2. K.A.MARAKKAR, (KAI MAKKAR),
3. AMINA, W/O. MARAKKAR K.A.,
4. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.A.JALEEL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :20/03/2007
O R D E R
R. BASANT, J.
-------------------------------------------------
Tr.P.(Cri) NO. 39 OF 2007
-------------------------------------------------
Dated this the 20th day of March, 2007
ORDER
The petitioner is the complainant in a prosecution, inter
alia, under Sec.498A of the IPC pending before the Judicial
Magistrate of the First Class-I, Aluva. Proceedings have been
initiated on the basis of the complaint filed by her before the
learned Magistrate. Cognizance has been taken. The
respondents/accused have already entered appearance
through counsel. The short prayer of the petitioner is that
the case may be transferred to any other court at the
neighbouring District Kottayam at Ettumanoor.
2. What is the ground? The short contention of the
petitioner is that she is being intimidated by the respondents/
accused. In these circumstances, a fair trial is not possible
at the Court of the Judicial Magistrate of the First Class -I,
Aluva, and it is prayed that there may be a transfer as prayed
for.
3. It is not necessary that the petitioner must appear on
Tr.P.(Cri) NO. 39 OF 2007 -: 2 :-
every date of posting before the learned Magistrate. The
petitioner’s personal appearance need be insisted only when the
evidence is to be recorded or for any other reason to be specified
by the learned Magistrate. I am satisfied that sufficient
circumstances are not brought out to justify the prayer for
transfer. The interests of justice shall be eminently served by
directing that the learned Magistrate must permit the petitioner
– a woman/complainant, to be represented by her counsel on all
dates of posting other than dates on which day her personal
presence is necessary for the progress of the trial. The learned
Magistrate shall issue specific directions showing the reason for
her personal presence if necessary. It shall be open to the
petitioner to complain to the police of any interference/threat to
her right to appear peacefully before the learned Magistrate and
take part of the proceedings.
4. With the above observations, this transfer petition is
dismissed.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
(R. BASANT, JUDGE)
Nan/