High Court Kerala High Court

Shamsudheen.S. vs Dileep Kumar on 4 July, 2008

Kerala High Court
Shamsudheen.S. vs Dileep Kumar on 4 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(Crl.).No. 86 of 2007()


1. SHAMSUDHEEN.S., AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. DILEEP KUMAR, S/O.PONNUKKUTTAN,
                       ...       Respondent

2. ANEESH, S/O.SADANANDAN,

3. STATE OF KERALA,

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :SRI.P.SANTHOSH  (PODUVAL)

The Hon'ble MR. Justice R.BASANT

 Dated :04/07/2008

 O R D E R
                           R.BASANT, J.
                        ----------------------
                       T.P.Crl.No.86 of 2007
                    ----------------------------------------
               Dated this the 4th day of July 2008

                               O R D E R

The petitioner, the Sub Inspector of Police of the local

police station, allegedly on coming to know that some persons

were creating confusion in a public transport vehicle under the

influence of alcohol, proceeded to the vehicle and arrested two

persons. They happened to be lawyers. The petitioner allegedly

took action in accordance with law against such persons and

brought them to court. Before the learned Magistrate, the

lawyers complained that they were manhandled by the petitioner

and the petitioner was guilty of culpable conduct against them.

The learned Magistrate took cognizance of the case against the

petitioner. The same is registered as C.C.No.1283/2007 and the

same is pending before the J.F.M.C-I, Thrissur. The case against

the lawyers concerned was also pending before the J.F.M.C-1,

Thrissur. That case has now been transferred at the request of

the learned Magistrate to the J.F.M.C, Chavakkad. The

petitioner has come to this court with a prayer that the case

against him i.e. C.C.No.12/07 may also be transferred to any

Tr.P.Crl.No.86/2008 2

other court. According to him, he apprehends hostile behaviour

on the part of the Bar if he were to appear before the learned

Magistrate in that case registered against him at the instance of

an Advocate. He further submits that there has been a non-

formal decision of the Bar Association under which members of

the Bar have decided not to appear and defend the petitioner.

The petitioner is therefore not able to secure a counsel from the

local Bar to defend him. For all these reasons, the petitioner

prays that the case may be directed to be transferred to the

J.F.M.C, Chavakkad. Of course, the first prayer of the learned

counsel for the petitioner is to transfer the case to any court at

Palakkad. The application is opposed by the learned counsel for

the respondent.

2. Heard the submissions of the learned counsel for the

petitioner. Notwithstanding the opposition of the learned

counsel for the respondent/complainant and notwithstanding the

preference of the petitioner to get the case transferred to any

court in Palakkad, I am satisfied that the interests of justice

would be served eminently by directing the transfer of the case

to the J.F.M.C, Chavakkad to which court the related case has

Tr.P.Crl.No.86/2008 3

admittedly been transferred by now.


      3.     In the result,

      a)     This petition is allowed.

      b)     C.C.No.1283/2007 pending before the J.F.M.C-1,

Thrissur is transferred to the J.F.M.C, Chavara.            The

J.F.M.C,Thrissur shall forthwith transmit the records to the

transferee court. Both parties shall appear before that court on

4/8/2008 without waiting for any further directions from the

court.

(R.BASANT, JUDGE)
jsr

Tr.P.Crl.No.86/2008 4

Tr.P.Crl.No.86/2008 5

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007