IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 Tr.P(Crl.).No. 65 of 2009() ----------------------------------- CC.710/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT,CHITTUR .................... PETITIONER(S): ------------------------ P.N.GEETHA,AGED 57 YEARS, D/O.KUNHIKUTTY AMMA, 27/1339,PATTAMPARAMBIL, P.O. PUTHIYARA,CALICUT - 4. BY ADV. SMT.C.G.PREETHA SMT.REENA ABRAHAM RESPONDENT(S): -------------------------- 1. T. NARENDRANATHAN,AGED 58 YEARS, S/O.LATE T.V.NAIR, THARUR, THALLEPPALLY, P.O.CHITTUR, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R1 BY ADV. MR.R.SREERAJ , MR.GEORGE CHERIAN. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Tr.P.(Crl.)No.65 of 2009 -------------------------- ORDER Petitioner is the defacto complainant in C.C. No.710/2007 on the file of Judicial First Class Magistrate's Court, Chittur. First respondent is the accused and husband of the petitioner. The offences alleged against first respondent are under Sections 498A and 495 of Indian Penal Code. This petition is filed to transfer the case to Judicial First Class Magistrate's Court, Kunnamangalam contending that petitioner and her mother and one more witness, who are to be examined in the case, are residents of Kozhikode and they are not in a position to travel to Chittur and therefore, the case is to be transferred to Kunnamangalam. It is contended that original complaint was filed before Kunnamangalam Police and was transferred to Chittur and a final report was submitted therein and considering the health condition of the petitioner TPCR 65/09 2 and also the mother of the petitioner, who is aged 76, the case is to be transferred. 2.Learned counsel appearing for the petitioners and first respondent and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioners submitted that there is nobody else, apart from the petitioner and her mother, to assist them and it is not possible for them to travel to Chittur and give evidence, especially due to the health condition of the petitioner and also the aged mother of the petitioner and therefore, the case is to be transferred to Kunnamangalam. 4. Learned counsel appearing for the first respondent submitted that first respondent is suffering from heart ailment and he cannot travel to Kunnamangalam and in such circumstances, the case may not be transferred to Kunnamangalam. 5. Learned Public Prosecutor submitted that one witness has already been examined by the Magistrate, TPCR 65/09 3 Chittur and the other witnesses, namely, petitioner and her mother and other witness did not appear. 6. When first respondent/accused also raises an objection on health ground, it is not possible to order transfer as sought for. If the grievance of the petitioners is that they will be compelled to travel to Chittur on several occasions, it could be avoided by directing the Magistrate to examine the petitioner and her mother on a particular day fixed for that purpose. Judicial First Class Magistrate, Chittur is directed to fix a particular day for examination of the petitioner and her mother and to examine them on the same day without postponing the case to any other day. Petition is disposed. 13th July, 2009 (M.Sasidharan Nambiar, Judge) tkv