IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Tr.P(Crl.).No. 79 of 2011() --------------------------- CC.157/2005 of C.J.M.,THRISSUR to 1ST ADDL. ASST. SESSIONS COURT, THRISSUR FOR JOINT TRIAL WITH S.C.178/2007 .................... PETITIONER(S)/ACCUSED :- ---------------------------------------- 1. ANILKUMAR, S/O.VELAYUDHAN, KOOTTALA HOUSE, KANANATTUKARA DESOM, AYYANTHOLE VILLAGE, THRISSUR TALUK. 2. ASHOK KUMAR, S/O.VELAYUDHAN, KOOTTALA HOUSE, KANANATTUKARA DESOM, AYYANTHOLE VILLAGE, THRISSUR TALUK. 3. SAROJINI, W/O.VELAYUDHAN, KOOTTALA HOUSE, KANANATTUKARA DESOM, AYYANTHOLE VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S)/STATE :- --------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. PUBLIC PROSECUTOR SRI.NOUSHAD THOTTATHIL THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Tr.P.(Crl.).No. 79 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of seizure mahazar Dated 24/7/02 prepared by Circle Inspector of Excise. Annexure B :- Copy charge sheet and witness list in Crime No.239/02 of Thrissur West Police Station. Annexure C :- Copy of Charge sheet in Crime No.238/02 of Thrissur Town West Police Station (154/CR/CE/2003 of CBCID – SIG II Ernakulam). Annexure D :- Copy of the order dated 17/11/11 in TMP 1528/11 of Sessions Court, Thrissur. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Tr.P.(Crl.). No.79 of 2011 ----------------------------------- Dated this the 21st day of December 2011 O R D E R This petition is filed by the accused to transfer C.C.No.157/2005 which is pending on the file of CJM Court, Thrissur to First Addl. Assistant Sessions Court, Thrissur where they are facing trial in S.C.No.178/2007. S.C.No.178/2007 is pertaining to the alleged commission of offence under Sec.489 (c) r/w 34 IPC. Learned counsel for the petitioners submits that in C.C.No.157/2005, the accused are facing trial for offence under Secs.465, 468 etc. Those offences are triable by the court of Magistrate of the First Class. The request is that the alleged counter feits and properties mentioned in C.C.No.157/2005 were seized as per common seizure mahazar and so both cases may be allowed to be tried by the Assistant Sessions Judge. The learned counsel further submits that witnesses in both these cases are almost common and that unless both cases are tried by the same court serious prejudice will be caused. 2. This request is strongly opposed by the learned Public Tr.P.(Crl.). No.79 of 2011 -: 2 :- Prosecutor. It is submitted that the offences pertaining to the alleged forgery, Secs.465 and 468 are entirely different from the offences pertaining to the possession of counter feit currency notes and as such both cases cannot be tried together by the same court. Not only that the present case C.C.No.157/2005 has been pending before the learned Magistrate for the last about 6 years. According to the learned Public Prosecutor the trial in that case was already begun. It is stated that S.C.No.178/2007 is actually posted for starting trial. This petition has been filed after about 5 years only with a view to stall the trial. I find no reason to transfer C.C.No.157/2005 to the court of Sessions. In the result, this transfer petition is dismissed. N.K.BALAKRISHNAN, J UDGE. Jvt