IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Tr.P(Crl.).No. 120 of 2009 --------------------------------------- C.C.NO.74/2004 AND C.C.NO.75/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR .................... PETITIONER(S)/ ACCUSED --------------------------------------- SADANANDAN PILLAI, 78 YEARS, S/O.MADHAVAN PILLAI, ANANDA BHAVAN, AYIROOR DESOM, AYIROOR VILLAGE, CHIRAYINKIL TALUK. BY ADV. SRI.M.BALAGOVINDAN SMT.MINI GANGADHARAN RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------- 1. VISWAMBHARAN, KANJIRATHUMOODU VEETTIL, KULAMADA, KIZHAKKANELA CHERRY,PARIPPALLY VILLAGE, KOLLAM TALUK. 2. S.GIRIJA DEVI, W/O. LATE SUKUMARAN, PRASANTHI BHAVAN, KOTTAKKERAM CHERRY, PARIPPALLY.P.O., KOLLAM DISTRICT. 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR R3 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Tr.P(Crl.).No. 120 of 2009 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE COMPLAINT C.M.P.821/1998 IN CC NO.74/2004 ON THE FILE OF THE J.F.C.M.PARAVUR DATED 19/3/1998. ANNEX B COPY OF THE PROTEST COMPLAINT IN CC .75/2004 ON THE FILE OF THE JFCM, PARAVUR DATED 24/2/2006. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Tr.P.(Criminal)No.120 of 2009 ---------------------------------------------------- Dated this the 4th day of November, 2011 Order The petitioner is the accused in CC Nos.74 of 2004 and 75 of 2004 which are now pending before the JFCM Court, Paravur, Kollam District. The offence alleged against him and another accused is under Section 420 read with 34 IPC. It is alleged that finance business was conducted by the petitioner. It went in loss. The parties who remitted the amount and who were entitled to get money filed complaints. The case was investigated by the Crime Branch. A crime was registered as 191/CR/1998 of Crime Detachment, Kollam. It is stated that charge sheet was laid against the petitioner. The learned counsel for the complainants/respondents would submit that since some of the accused were omitted to be included in the charge sheet produced, complaints were filed separately and based on those complaints cognizance was taken by the JFCM Court, Paravur (Kollam). All those cases are now pending before that court. The learned counsel for the petitioner submits that the petitioner is Tr.P(Crl.)120/09 2 aged about 78 years and that no inconvenience would be caused to the complainants and police officials if the case is transferred to JFCM Court, Varkala. That statement is resisted by the learned counsel for the complainants/aggrieved parties stating that the accused cannot choose the court or forum ignoring the inconvenience that may be caused to the complainant and witnesses. It is further submitted that if the case is transferred, that will further delay the trial of this case; the crime of which was registered in the year 1998. It is also pointed out that the brother of the petitioner herein is still abroad and that is why the case has not been taken up for consideration. The physical presence of the petitioner may not be required on all posting dates. Only, as and when it is necessary, the learned Magistrate will direct his presence. But the request to transfer of these cases to JFCM Court, Varkala cannot be countenanced since that will cause inconvenience to the complainants and the witnesses and would also delay the trial of the case. Hence this petition is dismissed. N.K.BALAKRISHNAN, JUDGE. srd Tr.P(Crl.)120/09 3 Tr.P(Crl.)120/09 4