IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(Crl) No. 34 of 2007()
1. T.K.ABDU RAHIMAN, S/O.MUHAMMED,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/02/2007
O R D E R
R.BASANT, J
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Tr.P(Crl).No.34 of 2007
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Dated this the 26th day of February, 2007
ORDER
The petitioner is an advocate who faces allegations, inter alia,
under Section 447 I.P.C in a criminal case, in which cognizance was
taken on the basis of a final report submitted by the police. The
petitioner wanted the case to be transferred to any court other than
the courts at Manjeri. The learned Sessions Judge by Annexure-A
order rejected the application showing reasons. Later, the learned
Sessions Judge observed that the petitioner-advocate was found
practising before that court only during the trial of the case in
question. It is, in these circumstances, that the learned Sessions
Judge proceeded to reject the prayer for transfer. Of course, it was
also noted that the prayer for transfer had already been dismissed by
the learned Chief Judicial Magistrate. That may not ip so facto be a
valid reason for rejection of an application for transfer. But evidently
the learned Sessions Judge had not refused to consider the prayer for
transfer on merits of that ground. There was only an incidental
reference to that event also which had taken place prior to the
impugned order.
2. The learned counsel for the petitioner fairly submits that
trial has already commenced and some witnesses have already been
Tr.P(Crl).No.34 of 2007 2
examined. I am not satisfied, in the facts and circumstances of this
case, that any transfer should be directed at this stage of the
proceedings.
3. This Transfer Petition is, in these circumstances,
dismissed.
(R.BASANT, JUDGE)
rtr/-