IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Tr.P(Crl.).No. 38 of 2008() --------------------------- CC.467/2007 of JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER: RESPONDENT ---------------------- JOSEPH PHILIP, S/O.PHILIP, AGED 63 YEARS, PUTHENVEETTIL VEEDU, PLOT NO.50, J.P.NAGAR SECOND STAGE, RAILWAY STATION P.O., THIRUVALLA, PIN - 689 111. BY ADV. SRI.RAJ MOHAN R.PILLAI RESPONDENTS: PETITIONER ----------------------- 1. JIJO M.JACOB, S/O.M.C.JACOB, AGED 31 YEARS, MOOZHIKKAL VEEDU, MANNAMARUTHIVITTARKAYAM CHETHAKKAL VILLAGE, RANNY TALUK. 2. K.V.ANIL KUMAR @ ANIL KUMAR RANNI, AGED 26 YEARS, S/O.VIJAYAN, SAKTHI VILAS VEEDU, KARINKULAM P.O., VARAMBAKKAPATHALIL, RANNI, (SUB EDITOR, MANGALAM WEEKLY, S.H.MOUNT P.O. KOTTAYAM). 3. P.O.MOHANAN, EDITOR IN CHARGE, MANGALAM WEEKLY, S.H.MOUNT P.O., KOTTAYAM. 4. BIJU VARGHESE, S/O.VARGHESE, MANGALATHU VEEDU, (PRINTER & PUBLISHER, MANGALAM WEEKLY, S.H.MOUNT P.O., KOTTAYAM). SRI.GEORGEKUTTY MATHEW FOR R4 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl).No. 38 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2008 O R D E R The petitioner is the complainant in a prosecution under Section 500 I.P.C. against the respondent. That case is pending before the learned JFMC, Thiruvalla as C.C. 586 of 2005. Long later in 2007 the respondent herein has filed a complaint alleging commission of the offence punishable under Section 500 I.P.C. against the petitioner herein. That complaint is pending before the JFMC-III, Kottayam. The petitioner has now come to this Court with a prayer that as the subject matter of these prosecutions inextricably interlinked, there may be a direction to transfer the later case, C.C. 467 of 2007, pending before the JFMC – III, Kottayam to the JFMC, Thiruvalla, where the earlier case C.C.586 of 2005, between the same parties is pending. 2. Notice was given to the respondent. He has entered appearance through counsel. The learned counsel for the respondent submits that the attempt of the petitioner is only to protract and drag on the proceedings in the earlier case. Subject Tr.P.(Crl).No. 38 of 2008 2 to appropriate directions, which shall ensure expeditious disposal of both cases, transfer may be directed as prayed for, it is submitted. I am satisfied in these circumstances that C.C.467 of 2007 can be transferred to the Court of JFMC, Thiruvalla. 3. In the result: a) This transfer petition is allowed as agreed. b) C.C.467 of 2007 pending before the JFMC-III, Kottayam is transferred to the Court of JFMC, Thiruvalla, where C.C.586 of 2005 between the same parties is pending. c) The parties shall appear before the JFMC, Thiruvalla on 21/7/2008 without waiting for any further direction. d) Copy of the order shall be sent to both the courts. The JFMC- III, Kottayam, shall forthwith forward the records to the JFMC, Thiruvalla such that the records are received by the JFMC, Thiruvalla well prior to 21.7.2008. e) Every attempt shall be made by the learned Judge to dispose of both cases simultaneously at the earliest. (R. BASANT) Judge tm Tr.P.(Crl).No. 38 of 2008 3