IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Tr.P(Crl.).No. 59 of 2011() ------------------------------- CC.200/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY .................... PETITIONER(S): --------------- N.E.VARGHESE, S/O.ITHAPIRI, AGED 66 YEARS, NAMMANARIL HOUSE, MORAKKALA, KUMARAPURAM, ALUVA-683565. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------------- STATE OF KERALA, REPRESENTED BY DETECTIVE INSPECTOR OF POLICE, CRIME BRANCH C.I.D, ERNAKULAM REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SRI. B. VINOD THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs TRPC NO.59/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I:COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL BOARD TO THE PETITIONER DATED 31/03/2009. ANNEXURE II:COPY OF THE ARGUMENT NOTE WITH ENGLISH TRANSLATION BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY IN C.C. NO.484/1999. ANNEXURE III:COPY OF THE JUDGMENT IN C.C. NO.485/1999 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY DATED 25/04/2011. ANNEXURE IV:COPY OF THE ORDER IN CRIMINAL M.P.(TRANSFER) NO.1934/2011 BEFORE THE SESSIONS COURT, ERNAKULAM DATED 26/07/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P.RAY, J. -------------------------------------------------------------- Tr. P (Criminal) No. 59 of 2011 -------------------------------------------------------------- Dated this the 17th day of August, 2011 O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the sole accused in C.C.No.200/2005 on the file of the Judicial First Class Magistrate Court, Kolencherry. 3. This is an application filed under S.407 of Cr.P.C to transfer a case from the Court of Judicial First Class Magistrate Court, Kolencherry to any other Court in Ernakulam or Moovattupuzha. The main contention of the petitioner is that in an earlier case, the learned Magistrate did not refer the judgment cited by him and did not pass any order in his favour. 4. I am sure and hope that the Magistrate shall give ample opportunity to the petitioner to present his case and lead defence evidence, if any, and complete the trial. With the aforesaid observation, the Crl.M.C. is disposed of. B.P.RAY, JUDGE. rka