IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Tr.P(Crl.).No. 62 of 2011() --------------------------- CMP.2968/2011 of CHIEF JUDL.MAGISTRATE, ERNAKULAM ....................... PETITIONER(S): RESPONDENTS 2,3 & 4 ---------------------------------- 1. N.A.ABDULLA KUNJI @ ABDULLA KALPAKA, S/O.ABOOBACKER, KALPAKA HOUSE,MUTTATHODY VILLAGE, VIDYANAGAR PO,KASARAGOD. 2. AYISHA,W/O.ABDULLA KALPAKA, KALPAKA HOUSE,OPP.COURT COMPLEX,VIDYANAGAR POST. 3. RAMLA,W/O.ASHRAF,NALAMVILE, NEAR NAYANAR HOSPITAL, VIDYANAGAR,PENKALA VILLAGE. BY ADV. SRI.GEORGE MATHEW SMT.CELINE JOSEPH RESPONDENT(S): PETITIONER & STATE --------------------------------- 1. SHAMSHEELA.N.A,D/O.ABDULLAKUNJI.N.A, KRISHNA MANOR,KARIKKAMURI CROSS ROAD,KOCHI 682 035 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. ADV. SMT.CHINCY GOPAKUMAR FOR R1 PUBLIC PROSECUTOR SRI.B.JAYASURYA FOR R2 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SU T.P.CR.NO.62/2011 APPENDIX PETITIONERS' ANNEXURES: ANNEXURE 1- COPY OF THE NOTICE DATED 25/8/2011 I8 CMP NO.2968/11 OF THE CHIEF JUDICIAL MAGISTRATE COURT,ERNAKULAM. ANNEXURE 11- COPY OF THE ORDER IN MP NO. 2969/11 IN CMP NO.2968/11 DATED 19.8.2011 OF THE CHIEF JUDICIAL MAGISTRATE COURT,ERNAKULAM. ANNEXURE 111- COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE IST RESPONDENT. ANNEXURE IV- COPY OF THE BIRTH CERTIFICATE DATED 14/2/2011. ANNEXURE V- COPY OF THE DISCHARGE SUMMARY DATED 29/9/2010 ISSUED FROM FORTICS HOSPITAL. RESPONDENTS' ANNEXURES: NIL. /TRUE COPY/ P.A. TO JUDGE SU N.K.BALAKRISHNAN, J ----------------------------------------- Tr.P(CRL) No. 62 of 2011 ------------------------------------------ Dated this the 3rd October, 2011. O R D E R Respondents 2 to 4 in a petition filed under Section 12 of PWDV Act - 2005, now pending as C.M.P. No.2968/2011before CJM, Ernakulam are the petitioners. They contend that they belong to Kasaragod and so it would cause undue hardship to them to appear before the learned CJM at Ernakulam. The first respondent therein and his sister (R5 therein) are abroad and they did not appear before the Court. The request in this petition is to transfer the case to CJM Court, Kasaragod. 2. The request is strongly resisted by the learned counsel appearing for the first respondent herein who is the petitioner in C.M.P. No.2968/11. It is stated that she is residing in Ernakulam with her child aged 1 ½ years and so it would be too unjust to direct her to appear before the Magistrate at Kasaragod. Since the first respondent herein is a woman having a child aged 1 ½ years, I find no reason Tr.P(CRL) No. 62 of 2011 2 or justification to transfer the case now pending before CJM, Ernakulam to CJM, Kasaragod. The fact that her husband had already left the country is also projected as a reason to contend that the present request is made by his father and other relatives only to harass the first respondent in this case. 3. In view of what is stated above, the request for transfer is only to be rejected. The learned senior counsel appearing for the petitioners submits that the first petitioner is a heart patient and that petitioners 2 and 3 are ladies and so it would be difficult for them to appear before the CJM, Ernakulam on all posting days. The petitioners can file application before the learned CJM for appropriate orders with regard to the same. In the result this petition is dismissed. N.K. BALAKRISHNAN, JUDGE smvd