IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Tr.P(Crl.).No. 69 of 2006() --------------------------- CC.868/2005 of J.M.F.C.- I, OTTAPPALAM .................... PETITIONER: ------------ P.R.RAMAKRISHNAN, S/O.RAMANKUTTY, AGED 48 YEARS, RESIDING AT MAYOORAM, THOTTAKARA, OTTAPPALAM. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, OTTAPPALAM (IN CRIME 406/05 PENDING AS C.C.868/05 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPPALAM). ADDL. 2. RAJAKUMARI, D/O.VELAYUDHAN, AMRITHAM, BHARATHAPPUZHA ROAD, KANIYUR PALAM, OTTAPPALAM, PALAKKAD DISTRICT. (Addl.2nd respondent is impleaded as per order dt.27.06.08 in Crl.M.Appl.5348/2006) BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Tr.P.Crl. No. 69 of 2006 ------------------------------------- Dated this the 26th day of August, 2008 ORDER Petitioner is the accused in a prosecution for offences punishable, inter alia, under Section 354 I.P.C. The petitioner is a member of the noble profession of law and he practises at Ottappalam. The case against him is pending before the Judicial Magistrate of the First Class, Ottappalam. In these circumstances, the petitioner prays that the transfer of the case may be ordered to any court outside Ottappalam. The only reason urged is that the petitioner is practising at that centre. His application for transfer was turned down by the learned Sessions Judge. He has hence come to this Court repeating the prayer for transfer. 2. The learned counsel for the petitioner submits that holding the trial at the centre where the petitioner practises would work out great prejudice, hardship and loss of reputation to the petitioner. He contends that the allegations are raised with mala fide and vexatious intent. The same complainant had later filed a complaint alleging that the petitioner has committed the offence punishable under Section 498 A I.P.C. In the peculiar facts and circumstances of this case, a direction for Tr.P.Crl. No. 69 of 2006 2 transfer may be issued, it is prayed. 3. The additional 2nd respondent/the defacto complainant has been impleaded. Notice was served on the additional 2nd respondent. She has not entered appearance to resist the prayer for transfer. Considering the totality of circumstances, I am satisfied that the interests of justice will be served ideally by directing the transfer as prayed for to the nearest court. 4. This Transfer Petition is accordingly allowed. C.C.No.868 of 2005 pending before the Judicial Magistrate of the First Class, Ottappalam, is transferred to the Judicial Magistrate of the First Class-III, Palakkad. There shall be a direction to the learned Magistrate to dispose of the case as expeditiously as possible - at any rate, within a period of 3 months from 29.09.08, on which date, the petitioner shall appear before the transferee court without waiting for any further directions of this Court. 5. Compliance shall be reported to this Court. The learned Judicial Magistrate of the First Class, Ottappalam shall forthwith transmit records to the transferee court such that the records are available before the transferee court well before 29.09.08. (R.BASANT, JUDGE) rtr/-