IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Tr.P(Crl.).No. 80 of 2008() --------------------------- CC.638/2006 of J.M.F.C.-II, KOCHI .................... PETITIONER(S)/ACCUSED: --------------- SHAHUL HAMEED , THADAVILA HOUSE PUNNAVIAL THEKKETHIL, NEDUMBANA P.O., KOLLAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S)/COMPLAINANT & STATE: --------------- 1. K.M.RAJAGOPALAN, CHALA HOUSE P.M.ROAD, COCHIN 682 005. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. GIKKU JACOB SRI.K.G.ANIL BABU FOR R1 SRI.CYRIAC KURIAN FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- TRANSFER PETITION (CRL.) 80 OF 2008 ------------------------------------------- Dated this the 16th day of March, 2009 O R D E R This petition is filed to transfer C.C. 638/2006 pending before the Judicial First Class Magistrate Court-II, Kochi to the Judicial First Class Magistrate Court -I, Kollam on the ground that the court at Kochi does not have the territorial jurisdiction to try the case. For the said purpose the reliance is placed on Santhosh Kumar M.S. v. Mohanan [2008 (3) ILR 303]. If a court lacks jurisdiction it is a matter for the petitioner to raise as a preliminary point and the court is bound to consider the same. I therefore permit the petitioner herein to move an application before the trial court on the question of jurisdiction for the reason that it goes in to the root of the matter. If applications are filed for exemption, let that be also considered sympathetically by the court below. With this observation, the transfer petition is disposed of. M.N. KRISHNAN, JUDGE vkm