IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Tr.P(Crl.).No. 72 of 2011() --------------------------- CC.06/2011 of J.M.F.C., ALAPPUZHA .................... PETITIONER(S)/ACCUSED :- --------------------------------------- M.K.RAJESH, S/O.N.MADHAVA PANICKER, AGED 32 YEARS, NEDIYATHPADIYITTATHIL HOUSE, ANAYADI P.O., SOORANADU NORTH, KOLLAM-690561. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S)/COMPLAINANT & STATE :- --------------------------------------------------------------- 1. ADV.P.PRAVEEN, S/O.PONNAPPAN, AGED 30 YEARS, RESIDING AT ASHA THEKKEATTOM, KAROOR, AMBALAPPUZHA, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.C.PRATHAPACHANDRAN PILLAI FOR R1 SRI.P.KRISHNA KUMAR (ALAPPUZHA) FOR R1 PUBLIC PROSECUTOR SMT.JASMINE THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Tr.P(Crl.).No.72 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Copy of the inspection memo regarding 1st respondent. Annexure A2 :- Copy of the arrest memo. Annexure A3 :- Copy of the certificate of drunkardness prepared under Section 51 of the Kerala Police Act. Annexure A4 :- Copy of the complaint preferred by the 1st respondent against the petitioner. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Tr.P.(Crl.). No.72 of 2011 ----------------------------------- Dated this the 15th day of December 2011 O R D E R Petitioner is an accused who is facing trial before J.F.C.M., Alappuzha, in C.C.No.6/2011. The offences alleged against him are under Secs.294(b), 323 and 506(ii) of IPC. The petitioner is working as Sub Inspector of Police. First respondent is an Advocate of Alappuzha Bar. The learned counsel for the petitioner submits that because the complainant (first respondent) is an Advocate practising in very same court much embarrassment is caused to the petitioner; not only that, it caused much difficulty to get an Advocate from Alappuzha to conduct the case since the first respondent happened to be of that Bar. Hence, the petitioner contends that the case may be transferred to a court in Ernakulam District or any other District. 2. The allegations are denied by the learned counsel Tr.P.(Crl.). No.72 of 2011 -: 2 :- appearing for the first respondent. However, since the only request is to transfer the case from Alappuzha to another District, I find it is just and proper that the case is transferred to J.F.C.M.-I, Kollam. The learned J.F.C.M., Alappuzha will transmit the entire records to J.F.C.M.-I, Kollam under intimation to CJM, Alappuzha. Both parties will appear before J.F.C.M.-I, Kollam on 12.1.2012. This Transfer Petition is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt