IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Tr.P(Crl.).No. 29 of 2010() --------------------------- ST.186/2005 of C.J.M.,MANJERI .................... PETITIONER/ACCUSED:- --------------------------- KOTHAMBRA KUNJAMMED HAJI, AGED 80 YEARS, S/O.MOOSA, PALARI VILLAGE, CHANGAROTH PANCHAYATH, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS/COMPLAINANT AND STATE:- -------------------------------------------------- 1. U.P.MUHAMMED, AGED 59 YEARS, S/O.KUNHIMOIDEEN, UCHAPPALLY HOUSE, MUTHUMBARA, MANJERI.P.O, ERNAD TALUK, KOZHIKODE DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MANJERI. ADV. SRI.K.P.MUJEEB FOR R1 SRI. B. VINOD, PUBLIC PROSECUTOR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(CRL.).NO. 29 OF 2010 ORDER ON CRL.M.A. NO. 2455/2010 IN TR.P(CRL.).NO. 29 OF 2010 DISMISSED 13.07.2011 sd/- B.P. RAY, JUDGE. APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : TRUE COPY OF THE CRIMINAL COMPLAINT IN S.T. NO. 186 OF 2005 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI. ANNEXURE A2 : TRUE COPY OF THE ORDER DATED 23.07.2008 PASSED BY THIS HON'BLE COURT IN CRIMINAL M.C. NO. 1617 OF 2008 ALLOWING TRIAL IN S.T. NO. 186 OF 2005 AND C.C. NO. 200 OF 2006 ON CONSOLIDATED CHARGE. ANNEXURE A3 : TRUE COPY OF INTERIM ORDER PASSED BY THIS HON'BLE COURT IN TR.P. (CRL.) NO. 26 OF 2010. ANNEXURE A4 : TRUE COPY OF THE MEDICAL CERTIFICATE DATED 20.04.2010 ISSUED FROM COMMUNITY HEALTH CENTRE, KUTTIADY. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Tr.P.(Crl). No.29 of 2010 - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2011. O R D E R The petitioner, who is the accused in S.T. No. 186 of 2005 on the file of the Chief Judicial Magistrate, Manjeri, has filed this application under Section 407 Cr.P.C to transfer the case from Chief Judicial Court, Manjeri to the court of Chief Judicial First Class Magistrate, Kozhikode on the ground that the petitioner is an old man of 80 years and is not in a position to attend the day to day hearing of the case. Similarly, the offence alleged is basically under Section 138 of the Negotiable Instruments Act r/w 420 IPC. 2. I heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the de facto complainant. The learned Public Prosecutor submitted that he has no objection to transfer the case taking into account the age of the accused/petitioner. The learned counsel for respondent No.2 stated that the petitioner can contest the case by filing an application under Section 205 Cr.P.C. Accordingly, I direct the transfer of S.T. No. 186 of 2005 from the file of Chief Tr.P (Crl.) No. 29/2010 2 Judicial Magistrate, Manjeri to Chief Judicial Magistrate, Kozhikode. This Transfer Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv