IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.MC.No. 3826 of 2008() ----------------------------------- CRIME NO.912/2007 OF KARUNAGAPPALLY POLICE STATION .......................... PETITIONER/ACCUSED:- --------------------------------- HARIHARAN PULLAI ALIAS HARI, SON OF SANTHAPPAN PILLAI, MOOLAYILVEEDU, PALLITHOTTAM P.O., JONAKAPPURAM WARD, KOLLAM WEST. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GOERGE RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY DIRECTOR OF INCOME TAX (INVESTIGATION), KOLLAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 ADV. SRI.JOSE JOSEPH, SC, INCOME TAX FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3826 of 2007 = = = = = = = = = = = = = = Dated this the 24th day of March, 2008 ORDER Heard both sides. 2. The sole accused in C.C.No.1070/2007 on the file of the Additional Chief Judicial Magistrate for an offence punishable under Section 420 IPC filed CMP(Transfer)No.5675/2007 before the Sessions Court, Ernakulam seeking transfer of the case to some other court. The accused had made out sufficient grounds for transfer in the application. The learned Sessions Judge called for the remarks of the Additional Chief Judicial Magistrate. As per separate report the learned Additional Chief Judicial Magistrate also expressed his willingness to have the case transferred to some other court, since the accused does not have faith in that court. 3. Taking into consideration all the relevant aspects of the case, the Sessions Court ordered a transfer of the case to the J.F.C.M-II, Ernakulam for trial and disposal according to law. It is the said order which is assailed in this Crl.M.C filed under Section 482 Cr.P.C. Crl.M.C.No. 3826 of 2007 2 In view of the fact that impugned order, being a final order, can only be revised by this Court under Section 397 read with 401 Cr.P.C, this Crl.M.C is not maintainable as was rightly objected to by the Registry. Even otherwise, the order of the Sessions Judge does not call for interference on the merits of the case as well. It is hoped that the J.F.C.M-II, Ernakulam shall not give room for complaint that the accused or the complainant did not have a fair trial. With that hope, the Crl.M.C is dismissed. V. RAMKUMAR, JUDGE sj