IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 4765 of 2008() ------------------------- CC.32/2003 of ENQUIRY COMMR. & SPL.JUDGE, KOZHIKODE .................... PETITIONER(S): --------------- DR.V.K.DEVAYANI, MEDICAL OFFICER PRIMARY HEALTH CENTRE, CHERUPULASSERY, PALAKKAD. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4765 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 O R D E R The petitioner as the first accused faces indictment in a prosecution for offences punishable, inter alia, under the P.C. Act. Trial in the case is complete. Prosecution evidence and the defence evidence is closed and the matter rests at the stage of hearing. Consequent to the establishment of the Court of Enquiry Commissioner and Special Judge, Kottayam there is a proposal to transfer the case to the Court of the Special Judge, Trichur and on coming to know of that proposal the petitioner has come before this Court with this petition praying that there may be a direction that this particular case should not be transferred in as much as the entire trial is over and all that remains is hearing and judgment. 10 prosecution witnesses and one defence witness have been examined. 21 documents have been marked. The counsel prays that the learned Judge, who has recorded the evidence may be directed to complete the trial and the petitioner may not be compelled to fight the case at the fag Crl.M.C.No. 4765 of 2008 2 end at a different location and before a Presiding Officer, who has not recorded the evidence. 2. Notice was given to the learned Prosecutor, who does not oppose the prayer. I am satisfied that the prayer is legitimate and reasonable. The request that the venue may not be shifted now at this fag end obliging the petitioner to engage another advocate to argue the case before another Presiding Officer is certainly reasonable and the request can be allowed. 3. This Crl.M.C. is accordingly allowed. It is directed that C.C.32 of 2003 shall be disposed of by the Enquiry Commissioner and Special Judge, Kozhikode and the records, if already transmitted to the Court of the Enquiry Commissioner and Special Judge, Trichur, shall forthwith be made available before the Court at Kozhikode. Every endeavour shall be made to dispose of the case as expeditiously as possible, at any rate, within a period of three months from the date on which a copy of this order is produced before the Special Judge. Communicate the order to the Enquiry Commissioner and Special Judge, Trichur also. Crl.M.C.No. 4765 of 2008 3 4. Hand over the order to the learned counsel for the petitioner for immediate production before the learned Judge. (R. BASANT) Judge tm