IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Tr.P(Crl.).No. 47 of 2010 --------------------------------- [CRL.A.NO.259/2010 OF ADDL.SESSIONS COURT (FAST TRACK-III), NORTH PARAVUR] .................... PETITIONER/IST RESPONDENT: ---------------------------------------------- FR.GODWIN, PROVINCIAL OF CAPUCHIN, PROVINCIALATE, COCHIN UNIVERSITY P.O., ERNAKULAM DISTRICT, PIN - 682 022. BY ADVS. SRI.V.M.KURIAN, SRI.K.T.THOMAS. RESPONDENTS/APPELLANT/2ND RESPONDENT: ----------------------------------------------------------------------- 1. SRI.P.P.PAUL, PRESIDENT, THE CHALAKUDY URBAN CO-OPERATIVE BANK LTD NO.R 1087, CHALAKUDY, CHALAKUDY (P.O), PIN - 680 307, RESIDING AT PULLEN HOUSE, NORTH CHALAKUDY, CHALAKUDY (P.O), PIN - 680 307. 2. STATE OF KERALA, REPRESENTEDBY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 31. R2 BY PUBLIC PROSECUTOR SMT. REKHA. C. NAIR. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== T.P.(Crl)No. 47 OF 2010 =========================== Dated this the 30th day of September,2010 ORDER Petitioner is the complainant in C.C.331/2008 on the file of Judicial First Class Magistrate’s Court-III, Aluva. Challenging the conviction, accused filed an appeal before Sessions Court and it is pending. Contending that the sentence awarded is inadequate, petitioner filed a Criminal Revision petition before this court. This petition is filed under section 407 of Code of Criminal Procedure to transfer the appeal pending before the Sessions Court to this court so that this court could hear both the revision and the appeal. 2. Learned counsel appearing for the petitioner was heard. 3. It is true that the question to be T.P.(Crl)47/2010 2 considered by the Sessions Court in appeal is the legality and correctness of the conviction and sentence and the question to be considered by this court in revision is also the adequacy of the sentence awarded and it is proper that both the appeal and revision are heard together. But the question is whether the appeal pending before the Sessions Court is to be transferred to this court and thereby deny the forum of appeal available to the accused. If the appeal is transferred to this court to be heard along with the revision, it would definitely deny the forum of appeal and the right of the accused, if the judgment in the appeal goes against him, to file a revision before this court. That valid right available to the accused cannot be taken away.In such circumstances, the appeal cannot be transferred to this court as sought for. Petitioner is at liberty to submit when the revision is heard to transfer the revision petition to the Sessions court, so that both the appeal and Criminal Revision Petition could be heard together. T.P.(Crl)47/2010 3 Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006