IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Tr.P(Crl.).No. 21 of 2009(F) ------------------------------------- (C.C. NO. 31/08 PENDING BEFORE JUVENILE JUSTICE BOARD, PALAKKAD) ......... PETITIONER: ------------------- JISHAD, MINOR, REPRESENTED BY MOTHER S. JENNATHUSSISSA, AGED 48 YEARS, W/O. BADARUDHEEN M.E., ADAMPUTHUR STREET, NAVAKKODE, KODUVAYOOR, PALAKKAD DISTRICT. BY ADV. MR.SUNNY MATHEW. RESPONDENT: ---------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR MR. P.A. SALIM. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N. KRISHNAN, J --------------------------------------- TRANSFER PETITION (CRL.)No. 21 OF 2009 --------------------------------------------- Dated this the 11th day of March, 2009 O R D E R This petition is filed with a prayer to transfer C.C. 31/2008 on the file of the Juvenile Justice Board, Palakkad to any other Juvenile Justice Board in the State. The allegations are that the Chief Judicial Magistrate is biased and he has created a scene in the court. He had scolded the counsel for the petitioner and the petitioner. I had called for a report from the Chief Judicial Magistrate, Palakkad and he had sent a very elaborate report. After going through the report it is seen that Smt. Jameela a public servant had shown a hostile attitude towards the prosecution and she was not hesitant to disown the version in the complaint made to the police. Necessarily the court has to caution when a public servant turns against her version. He had also submitted that he is not prejudiced and he has nothing against the juvenile in conflict with law. Therefore the grounds stated for transfer is not correct. In the light of the Chief Judicial Magistrate's report, I am also convinced that there is no ground for transferring the petition. Therefore the Transfer Petition is dismissed. M.N. KRISHNAN, JUDGE vkm