IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 50 of 2008()
1. SURESH, AGED 38, S/O.BHASKARAN,
... Petitioner
2. SHAJI, AGED 32, S/O.VARGHESE,
3. SHIYAS, AGED 25, S/O.ABDUL MAJEED,
4. RAJESH, AGED 25, S/O.RAMANAN, PANGAN
5. MANOJ, AGED 27, S/O.NARAYANAN,
6. JAMES @ KUNJUMON, AGED 29, S/O.PAPPAN,
7. RAJAN, AGED 27, S/O.RAJAN, CHIRAKKAL
Vs
1. STATE OF KERALA, REPRESENTED BY CIRCLE
... Respondent
2. UNNIKRISHNAN NAIR, AGED 45,
For Petitioner :SRI.K.G.SARATHKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/08/2008
O R D E R
R. BASANT, J.
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Tr.P.(Crl).No. 50 of 2008
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Dated this the 11th day of August, 2008
O R D E R
The petitioners are accused in a prosecution for offences
punishable, inter alia, under Sections 461 and 380 I.P.C.
Cognizance has been taken. The matter has reached the stage of
trial. At this stage, the petitioners/accused have come before the
court with a prayer that the case may be ordered to be transferred
to any court having jurisdiction.
2. Report of the learned Chief Judicial Magistrate was
called for. In the report the learned Magistrate submits that CW1
is not a practicing lawyer before that court and at no time either
before appearance or after appearance as CW1 she ever appeared
as a counsel before that court. The learned C.J.M. reports that
the learned Magistrate will not be able to identify CW1, though
the records show that she had once appeared before that court.
3. Notice issued to the defacto complainant has not been
served and returned so far. I am in these circumstances satisfied
Tr.P.(Crl).No. 50 of 2008
2
that the plank on which the claim for transfer is made gives way and
the request for transfer cannot be entertained favourably.
4. This transfer petition is accordingly dismissed.
(R. BASANT)
Judge
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