Tgn Kumar vs State Of Kerala & Ors on 9 April, 2009

               IN THE SUPREME COURT OF INDIA
    CRIMINAL APPELLATE JURISDICTION

          CRIMINAL APPEAL No.688 of 2009
(Arising out of S.L.P. (Crl) No.3156 of 2008)

TGN Kumar                                                       .....Appellant(s)



                            Versus

State of Kerala & Ors.                                          .....Respondent(s)

           ORDER

Leave granted.

This appeal by the complainant is directed against the order passed by

the High Court of Kerala at Ernakulam, dated 24th March, 2008, whereby the

order passed by the Sessions Judge, Ernakulam, transferring the trial in the

complaint filed by him under Section 420 IPC from the Court of Additional Chief

Judicial Magistrate Ernakulam to Judicial First Class Magistrate-II has been

affirmed.

The Order had been passed by the Sessions Judge on an application

filed by the accused-third respondent herein, expressing apprehension about his

getting justice from the Presiding Judge in the Court of Additional Chief Judicial

Magistrate on the ground that he was prejudiced against him.

On a mention being made on 9th April, 2008, the operation of the

impugned order was stayed. The order continues to be in force till date.

..2/-

:2:

At the outset, it is pointed out by learned counsel for the appellant that
the Additional Chief Judicial Magistrate, against whom the accused had some

grievance, has since been transferred to some other place and, therefore, the

question of his influencing the trial or the final verdict does not arise. Learned

counsel, thus, submits that the order passed by the Sessions Judge may be set

aside and the Additional Chief Judicial Magistrate should be directed to dispose

of the matter expeditiously as the said transfer order has resulted in a long delay

in the disposal of the case.

Having heard learned counsel for the parties, we are of the view that

since the Additional Chief Judicial Magistrate against whose conduct the accused

had reservations, has been transferred, the cause for any apprehension in the

mind of the accused-respondent does not survive. Therefore, in the light of the

said subsequent event, we feel that there is no point in giving effect to the order

of transfer passed by the Sessions Judge.

Accordingly, the appeal is allowed and the impugned orders are set

aside. The learned Additional

..3/-

:3:

Chief Judicial Magistrate shall now proceed with the case and conclude the trial

expeditiously.

………………..J.

                                          [ D.K. JAIN ]


                 ....................J.                                                     [ R.M.
LODHA ]
NEW DELHI,
APRIL 09, 2009.