IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Tr.P(Crl.).No. 3 of 2008() -------------------------- C.C.NO.144/2005 ON THE FILE OF J.F.C.M, PAYYANNUR TO THE J.F.C.M, KANHANGAD. PETITIONER: CW1 -------------------------- ABHILASH K.N., ADVOCATE, K-239/99, CENTRAL LAW FIRM, VEEKSHANAM ROAD, COCHIN, RESIDING AT THALAYIL, ERUVATTY POST, CHAPPALAPADAVA, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENTS: STATE/ACCUSED --------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SREENIVASAN, THOTTUKADAVTHU, EZHOM, THALIPARAMBA THALUK, KANNUR DIST. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Tr.P.Crl.No. 3 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of January, 2008 ORDER Petitioner, who is the de facto complainant in C.C.No.144 of 2005 on the file of J.F.C.M-Payyannur for offences punishable under Sections 341 and 294(b) IPC, seeks a transfer of the said case to any other court. The 2nd respondent herein is the accused in the case. The main reason attributed in support of the prayer for transfer is that the learned Magistrate has issued non bailable warrants of arrest against the petitioner. Admittedly after the case was posted for trial, the petitioner did not appear before the learned Magistrate on three occasions in spite of the receipt of summons to offer his evidence as CW1. The reason stated in support of his absence was that he was afflicted by Chikun Guniya. Merely because the learned Magistrate has issued non bailable warrant of arrest against the witness, there is no justification for the witness to engender a fear that the learned Magistrate is hostile towards him. Any witness who remains absent repeatedly will meet with a similar fate only before a subordinate criminal court. Now the T.P.C.R.No. 3 of 2008 2 petitioner has been cured of his illness and is ready and willing to give evidence. If the petitioner is serious in prosecuting the accused, I am inclined to give him an opportunity to give evidence. The case now stands posted to 21.01.08. On that day the petitioner shall appear before the learned Magistrate and give evidence. I am sure that the learned Magistrate should not exhibit any sort of hostility or rancor, merely because of the petitioner's absence on the previous postings of the case. He appears to have valid reasons for remaining absent. He claims to be serious also with regard to the prosecution of C.C.No.144 of 2005. 2. Accordingly, if the petitioner appears before the learned Magistrate on 21.01.08, to which date the case stands posted for trial, the learned Magistrate shall record his evidence. The non bailable warrants of arrest, if any, pending against the petitioner shall not be executed, especially in view of the fact that the petitioner is a member of the legal profession. A copy of this order shall be forwarded to the learned Magistrate so that clear the deck for the commencement of the trial in this case on 21.01.08 itself. V. RAMKUMAR, JUDGE sj