IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Tr.P(Crl.).No. 118 of 2009() ---------------------------- CP.19/2008 of JUDICIAL 1ST CLASS MAGISTRATE COURT, VADAKARA .................... PETITIONER(S): ------------------------- V.P.THAJUDEEN, S/O. ABUBAKER, AGED 40 YEARS, VALIYAPURAMBATH HOUSE, P.O.PANNIANNOOR, THALASSERY. BY ADV. MR.S.MOHAMMED AL RAFI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THAJUDEEN.K.K. S/O. P.A.ALIKUTTY, KALLERI KUNNATHADATHIL HOUSE, P.O.AZHIYOOR, VADAKARA, CALICUT. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ TR.P(CRL).NO.118 OF 2009 ------------------------------------------ Dated 14th December 2009 O R D E R Petition is filed to transfer C.P.19/2008 on the file of Judicial First Class Magistrate, Vadakara to Judicial First Class Magistrate, Thalassery where C.C.307/2007 is pending contending that both cases are in respect of similar offences, though C.P.19/2008 is registered later for the offence under Section 306 also. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Even though learned counsel appearing for petitioner submitted that the case is to be transferred to Thalassery Tr.P.Crl.118/09 2 from Vadakara, I find no necessity to transfer a committal case from that court as Magistrate can only commit the case to the Sessions court. If on committal the Sessions case is to be transferred, petitioner is at liberty to approach the court at that stage for valid reasons. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.