IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Tr.P(Crl.).No. 23 of 2010() --------------------------- CRMP.955/2010 of D.C & SESSIONS COURT,TRIVANDRUM .................... PETITIONER(S): COUNTER PETITIONER: ------------------------------------------------------------ SHAHUL HAMEED.I., S/O.M.IBRAHIMKUTTY, T.C.13/705, MRA-183, VANCHIYOOR P.O., THIRUVANANTHAPURAM-35. BY ADV. MR.S.MOHAMMED AL RAFI RESPONDENT(S): PETITIONER & STATE: ------------------------------------------------------------- 1. P.K.NABEESA BEEVI, D/O.FATHIMA BEEVI, T.C.6/193(4), NETHAJI ROAD, VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Tr.P.(Crl)No.23 of 2010 -------------------------- ORDER Petitioner is the respondent in M.C.No.76/2009 on the file of Additional Chief Judicial Magistrate's Court, Thiruvananthapuram, on an application filed by the first respondent under Section 12 of Protection of Women from Domestic Violence Act. Petitioner filed Crl.M.P.(TP)No. 955/2010 before Sessions Court, Thiruvananthapuram to transfer the case to some other court. Learned Sessions Judge, by order dated 31.3.2010, dismissed the petition. This petition is filed for transfer of the case to Judicial First Class Magistrate's Court, Nedumangadu contending that petitioner, being an Advocate, practising at Thiruvananthapuram, it is causing embarrassment to him to give evidence in the case. 2. Learned counsel appearing for the petitioner was heard. TPCR 23/10 2 3. Learned Sessions Judge has considered all the aspects in Crl.M.P.(TP)No.955/2010 in the proper perspective and refused to order transfer. I find no reason to interfere with that order or to transfer the case as sought for. Evidence of the petitioner in the M.C. is already over. Till then, petitioner did not seek transfer. At this stage, petitioner is not entitled to an order for transfer of the case on the ground that he is a practising Advocate at Thiruvananthapuram. Petition is dismissed. 6th April, 2010 (M.Sasidharan Nambiar, Judge) tkv