IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Tr.P(Crl.).No. 26 of 2009 ---------------------------------- CC.526/2008 OF J.M.F.C.-II, CHENGANNUR .................... PETITIONER/ ACCUSED: ----------------------------------- C.K.UDAYAKUMAR, S/O.KITTAN, AGED 46 YEARS, CHIRAYIL KIZHAKKETIL, VENMONY VILLAGE, KODUKULANJI KARODU MURI, VENMONY VILLAGE. BY ADV. MR.S.MUHAMMED HANEEFF. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.G.RAJASEKHARAN NAIR, AMBIZHETHU HOUSE, KODUKULANJI KARODU MURI, VENMONY VILLAGE, CHENGANNUR. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N. KRISHNAN, J ---------------------------------------------- TRANSFER PETITION (CRL.) No. 26 OF 2009 ------------------------------------------ Dated this the 11th day of March, 2009 O R D E R This petition is filed with a prayer to transfer C.C. 526/2008 on the file of the Judicial First Class Magistrate -II, Chengannur to any other court of competent jurisdiction. A transfer petition is filed before the learned Sessions Judge and the learned Sessions Judge had perused the remarks of the Magistrate and the records and also the order of this Court in Crl. Revision Petition 2749/2008 and held that there are no justifiable reason to transfer the C.C. 526/2008. When an application was filed for comparing the handwriting, the learned Magistrate was pleased to allow the same but directed the party to produce admitted handwriting of the party at the relevant period, so as to send it for comparison. Rightly or wrongly it was not produced and therefore the order passed by the learned Magistrate became un executable for want of admitted signatures. The court passes Judicial orders against the parties depending upon the facts and circumstances of each case. If one is aggrieved one can normally take up the matter before the appropriate appellate or revisional Tr.Petition (Crl.) 25/2009 -2- forum as the case may be. Just because an officer has passed an order against a person at initial stage, it shall not be a ground for transfer. In many cases the apex court has held that just because an interim order is passed by one of the officer, it will not be a ground for transferring. It is stated in the transfer petition that the Magistrate made an open declaration that the defence set up by the accused is baseless. I am not inclined to accept such bald allegations and no court of law can declare so, especially when the case is to be decided on the merits. 2. In order to safeguard the apprehension of the transfer petitioner, I direct the learned Magistrate not to make any comments from the court and deal with the matter in a most impartial manner so as to render justice to the parties and make them feel that not only justice is done but it is seen to be done also. With these observations the Transfer Petition is dismissed. M.N. KRISHNAN, JUDGE vkm