IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Tr.P(Crl.).No. 91 of 2007() --------------------------- CC.139/2006 of J.M.F.C.,CHITTUR .................... PETITIONER: ------------ R.GOKUL PRASAD, AGED 39 YEARS, S/O.LATE GOPINATHAN, 397/15, ALATH HOUSE, KYLANKADU ROAD, NALLAPILLY POST, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.S.RAJEEV SRI.BINOY VASUDEVAN RESPONDENTS: ------------- 1. M/S.HINDUSTAN COCO-COLA BEVERAGES (P) LTD., PLACHIMADA, MOOLATHARA VILLAGE, KANNIMARI POST, CHITTUR TALUK, PALAKKAD DISTRICT, REP. BY ITS PLANT MANAGER N.JANARDHANAN. 2. SANJEEV GUPTA, OCCUPIER & PRESIDENT, M/S.HINDUSTAN COCO-COLA BEVERAGES (P) LTD., UDYOG VIHAR, PHASE V.GURGAON, HARYANA. 3. VINEETH KUMAR KAPILA, SENIOR VICE PRESIDENT, (AUTHORISED AGENT), M/S.HINDUSTAN COCO-COLA BEVERAGES (P) LTD., REG.OFFICE 13, ABDUL FAZAL ROAD, BENGALI MARKET, NEW DELHI. 4. N.JANARDHANAN, AREA MANAGER (OPERATIONS), OFFICER IN-CHARGE, BOTTLING PLANT (KERALA), M/S.HINDUSTAN COCO-COLA BEVERAGES (P)LTD., PLACHIMADA, MOOLATHARA VILLAGE, KANNIMARI POST, CHITTUR TALUK, PALAKKAD DISTRICT. 5. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.ANIL D. NAIR FOR R1 R5 BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.C.No. 91 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2008 O R D E R In this transfer petition the petitioner, who is the complainant in a prosecution alleging offences punishable under the Water Prevention and Control of Pollution Act, 1974, prays that the case may be transferred from the JFMC, Chittoor, where it is pending, to some other court. Certain remarks made by the learned Magistrate in the course of the proceedings appear to have instilled in the mind of the petitioner a reasonable apprehension that he may not get justice at the hands of the court. 2. The courts have to be very careful while making observations. A most unintended observation may also generate doubt in the mind of a litigant about fairness of the procedure. I am of the opinion that it is not necessary to go into further details. 3. In the course of discussions, this court suggested that the case could be transferred to the court of Chief Judicial Tr.P.C.No. 91 of 2007 2 Magistrate, Palghat, which will be convenient to all the parties and without any further discussions the case can be transferred. The said suggestion is acceptable to the parties. I am satisfied that the interests of justice will be eminently served by directing the transfer as prayed for. 4. In the result: a) This transfer petition is allowed. b) C.C. 139 of 2006 pending before the JFMC, Chittoor is transferred to the court of Chief Judicial Magistrate, Palghat. c) The parties shall appear before the learned Chief Judicial Magistrate, Palghat on 15.9.2008. The learned JFMC, Chittoor shall forthwith forward the records to the Chief judicial Magistrate, Palghat such that the records are available there before 15.9.2008. The parties shall appear before that court on that day without waiting for any further direction from the court. (R. BASANT) Judge tm