IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Tr.P(Crl.).No. 20 of 2009() -------------------------------------- CC.146/2006 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): IST ACCUSED ---------------------- VIJAYAN, AGED 44 YEARS, S/O.NARAYANAN, PALACHUVATTIL, VADAKKEKKARA MURIYIL, KODUMON ANGADIKKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.SETHUNATH RESPONDENT(S): COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- TRANSFER PETITION (CRL) No. 20 OF 2009 ----------------------------------------------- Dated this the 20th day of February, 2009 O R D E R This Transfer Petition is filed with a prayer to withdraw the C.C. No. 146/2006 on the file of the Chief Judicial Magistrate Court, Pathanamthitta and make over to any court outside the district, preferably at Judicial First Class Magistrate Court -I or II at Kottarakkara. The grievance of the petitioner is that defacto complainant is a lawyer practicing at Pathanamthitta and the lawyers at Pathanamthitta are reluctant to appear against him and a lawyer who was appearing had relinquished the Vakkalath and therefore he has virtually become incapacitated to conduct a case . There are lawyers outside that place also who can come and conduct the case. Therefore I feel this shall not be a ground to transfer a case from the court especially when there is no challenge with respect to the court where it is pending. A breathing time has been given to the petitioner to get service of a lawyer. Therefore I dispose of the Transfer Petition with a direction Tr.P.(Crl.) No. 20/2009 -2- to the Chief Judicial Magistrate Court, Pathanamthitta to give three weeks time from 25.2.2009 to enable the petitioner herein to engage a lawyer and conduct the case. The Transfer Petition is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm