IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Tr.P(Crl.).No. 51 of 2010() ------------------------------------ ( C.C.NO.338/2008 OF JFCM COURT-1, KANNUR) -------------- PETITIONER(S): 9TH ACCUSED --------------------------------------------- B.T.ABDUL SATHAR, ADVOCATE S/O. HUSAIN KUNHI, 'SOODAS', PANANKAVU, CHAVAKKAD, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. B.T.HAJIRA, AGED 65 YEARS, D/O. (LATE) ABDURAHIMAN, RESIDING AT HAJARAS, NEERCHAL, KANNUR CITY, KANNUR-670001. 3. B.T.KHAYARUNNISA AGED 56 YEARS, D/O. ABDURAHIMAN, RESIDING AT NEERCHAL, KANNUR CITY, KANNUR-670001. 4. B.T.ZEENATH, AGED 40 YEARS,D/O.HAJIRA, RESIDING AT NEERCHAL, KANNUR CITY, KANNUR-670001. 5. B.T. UMEES, AGED 38 YEARS, D/O. HAJIRA, RESIDING AT NEERCHAL, KANNUR CITY, KANNUR-670001. 6. B.T. ASHIQUE, AGED 36 YEARS, S/O. HAJIRA, RESIDING AT NEERCHAL, KANNUR CITY, KANNUR-670001. 7. B.T. RAUSE, AGED 35 YEARS, S/O. JAHIRA, RESIDING AT NEERCHAL, KANNUR CITY, KANNUR-670001. 8. MUHAMMED NAJEEB, AGED 46 YEARS, S/O. AYISABI, RESIDING AT NEERCHAL, KANNUR CITY, KANNUR-670001. 9. P.P.K. RASHEEDA, AGED 36 YEARS, D/O. NABEESUMMA, MATTOOL AMSOM, DESOM, KANNUR DISTRICT-670302. R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14/12/2010,THE COURT ON THE SAME DAY PASSED THE sts FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Tr.P.(Crl.)No.51 of 2010 -------------------------- ORDER Petitioner, an Advocate practising in Kannur courts, who is the 9th accused in C.C.No.338/2008 on the file of Judicial First Class Magistrate's Court-I, Kannur, filed this petition to order transfer of the case to another court with a direction to hear the petitioner before framing charge, within a specified period, contending that case is being adjourned, as petitioner is an Advocate practising in that court, the court has expressed the view that case is to be transferred. 2. A report was called for from Judicial First Class Magistrate-I, Kannur. The report shows that as petitioner is an Advocate and a member of Kannur Bar Association, who regularly appear before the court and filed vakalath in several cases, learned Magistrate addressed Chief Judicial Magistrate, Thalassery, requesting the court to transfer the TPCR 51/10 2 case to some other court having jurisdiction and there is no impediment for the Magistrate to dispose the matter, except that petitioner is regularly practising before that court. 3. So far, C.C.No.338/2008 on the file of Judicial First Class Magistrate's Court-I, Kannur is not transferred to any other court. Therefore, I find no necessity to issue a direction to hear the case by any other Magistrate. The fact that one of the accused is an Advocate practising in that court need not be a reason for the Magistrate to seek an order of transfer or refuse to try the case. In such circumstances, Judicial First Class Magistrate-I, Kannur is directed to consider the petition for discharge filed under Section 239 of Code of Criminal Procedure expeditiously and pass appropriate order in accordance with law. Petition is disposed. 14th December, 2010 (M.Sasidharan Nambiar, Judge) tkv