IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 Tr.P(Crl.).No. 43 of 2008() --------------------------- CC.190/2007 of C.J.M.,THRISSUR .................... PETITIONER: ACCUSED ------------------- G.PONNAMMA AMMA, W/O.LATE K.MADHAVAN PILLAI, PROPRIETRIX, DEVI CASHEW FACTORY, PUTHOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SMT.BINITHA JAMES RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EMPLOYEES STATE INSURANCE CORPORATION, REPRESENTED BY THE REGIONAL DIRECTOR, REGIONAL OFFICE (KERALA), BANCHADEEP BHAVAN, THRISSUR. BY PUBLIC PROSECUTOR SRI.AMJAD ALI ADV. SRI.P.SANKARANKUTTY NAIR, SC, ESI CORPN FOR R2 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Tr.P.Crl.No.43 of 2008 ---------------------------------------- Dated this the 24th day of July 2008 O R D E R The petitioner who claims that she is aged 88 years faces indictment in a prosecution for the offence punishable under the E.S.I. Act and Regulations. The petitioner is allegedly the principal employer of the establishment covered under the provisions of the E.S.I. Act. That establishment functions within the sessions division of Kollam. On the allegation that the petitioner has not made payments and filed returns, a complaint was filed against the petitioner before the learned Chief Judicial Magistrate, Thrissur. The petitioner is obliged to take part in the proceedings at that venue. According to the petitioner on account of age and state of health she is not in a position to proceed to Thrissur to participate in the proceedings. Insistence on the conduct of the trial in Thrissur virtually deprives the petitioner of the opportunity to properly defend the indictment. The cause of action has arisen completely within the jurisdiction of the court at Kollam and the only reason why complaint is entertained in Thrissur is the fact that the Central office of the Tr.P.Crl.No.43/08 2 E.S.I corporation in Kerala is situated at Thrissur. In these circumstances, it is prayed that there may be a direction for transfer of the case pending before the learned Chief Judicial Magistrate Thrissur to the court of the learned Chief Judicial Magistrate, Kollam. The learned counsel for the petitioner submits that though earlier the E.S.I Corporation used to file all complaints only before the courts at Thrissur, now the Sub Regional Office has already been opened at Kollam and cases are being filed at Kollam also. In these circumstances it is prayed that there may be a direction to transfer the case to the court at Kollam. 3. Notice was given to the second respondent/complainant. No objections are raised by the learned counsel for the second respondent. The factual matrix referred above is not in any way controverted. I am, in these circumstances, satisfied that transfer can be directed as prayed for. 4. In the result, a) This Tr.P.C is allowed. Tr.P.Crl.No.43/08 3 b) C.C.No.190/07 pending before the learned Chief Judicial Magistrate, Thrissur is transferred to the court of the learned Chief Judicial Magistrate, Kollam. c) The learned Chief Judicial Magistrate, Thrissur shall forthwith transmit the records to the learned Chief Judicial Magistrate, Kollam such that the documents reached the learned Chief Judicial Magistrate, Kollam well prior to 25/8/2008. 5. The parties shall appear before the transferee court on 25/8/2008. The learned Chief Judicial Magistrate, Kollam shall proceed to dispose of the case as expeditiously as possible. 6. The learned counsel for the petitioner submits that the petitioner is now laid up. He prays that the petitioner may be permitted to appear through counsel. The petitioner can make appropriate application under Section 205 Cr.P.C and the learned Magistrate must consider such application and pass appropriate orders. (R.BASANT, JUDGE) jsr Tr.P.Crl.No.43/08 4 Tr.P.Crl.No.43/08 5 The petitioner, a woman, faces two prosecutions before two different courts; one before the learned Chief Judicial Magistrate, Thrissur and the other before the learned Chief Judicial Magistrate, Kollam. Allegations are identical. The nature of evidence to be adduced will also be identical and the crux of the dispute is also identical. In these circumstances, the petitioner, who claims to be old, sick and infirm prays that both cases may be directed to be tried and disposed of by the learned Chief Judicial Magistrate, Kollam. Such course is not likely to adversely affect the respondents and cater to the ends of justice, it is submitted. 2. Notice is given to the learned Standing Counsel for the respondent. The learned Standing Counsel for the respondent prays for further time to take instructions. I have heard both counsel. I am satisfied that the interests of justice would be served ideally and eminently by directing transfer as prayed for. No prejudice, inconvenience or loss is likely to be suffered by the second respondent/complainant - E.S.I.Corporation by accepting the prayer for transfer made by the petitioner. 3. In the result, Tr.P.Crl.No.43/08 7 a) This Tr.P.C is allowed. b) C.C.No.190/07 pending before the learned Chief Judicial Magistrate, Thrissur is transferred to the court of the learned Chief Judicial Magistrate, Kollam where C.C.No............... between the same parties is pending. c) The learned Chief Judicial Magistrate, Thrissur shall forthwith transmit records to the learned Chief Judicial Magistrate, Kollam. Parties shall also appear before the learned Chief Judicial Magistrate, Kollam on 11/8/2008 without waiting for any further directions. Records shall also be transmitted to the transferee court forthwith so that the records will be available before the transferee court before 11/8/2008. R.BASANT, J. CRL.M.C.No. of 2008 Tr.P.Crl.No.43/08 8 ORDER 09/07/2008