IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Tr.P(Crl.).No. 31 of 2009() --------------------------- CC.230/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE, THALASSERY .................... PETITIONER(S): COMPLAINANT: ------------------------------------------------- T.P. PAVITHRAN, S/O. DAMODARAN, AGED 50 YEARS, CHULLIYIL HOUSE, MOORIAD, P.O. KUTHUPARAMBA. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): ACCUSED/STATE: ------------------------------------------------------- 1. R.K. RAGHAVAN, S/O. ANDY, AGED 53 YEARS, R.K. NIVAS, P.O. PACHAPOIKA, PANUNDA. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Tr.P.(CRL).NO. 31 OF 2009 ------------------------------------------ Dated 2nd June 2009 O R D E R Petitioner is the complainant in C.C.230/2006 of Additional Chief Judicial Magistrate, Thalassery. Complaining that the case is not being disposed of expeditiously, petitioner approached this court by filing Crl.M.C.3327/2008 for a direction to dispose the case. This court directed the Magistrate to dispose the case by 6/1/2009. When the case was posted for cross examination of prosecution witnesses under Section 246(5) of Code of Criminal Procedure, petitioner filed two applications. One for a direction to PW1 to produce documents and another to call for the records and learned Magistrate dismissed the application and posted the case for questioning under Section 313 of Code of Criminal Procedure. 2. Crl.M.C.4716/2008 filed challenging the orders is pending before this court. Meanwhile, petitioner filed Crl.M.P.56/2009 before Sessions Tr.P.Crl.31/09 2 court, Thalassery for transfer of the case to any other court in the same sessions division. Under Annexure-I order learned Sessions Judge dismissed the petition for the reason that Crl.M.C.4716/2008 is pending before this court and therefore it is not proper for the Sessions court to transfer the case. This petition is filed thereafter seeking an order of transfer to any other court in the interest of justice. 3. Learned counsel appearing for petitioner was heard. 4. Learned counsel appearing for petitioner submitted that in Annexure-II petition filed before Sessions court, petitioner elaborately stated the reasons for the transfer and when the petitions were dismissed by the learned Additional Chief Judicial Magistrate it was remarked that whatever petition is filed, it will be dismissed as the petitioner had approached the High Court for disposal of the case within a time frame and in such circumstances petitioner does not expect a fair trial from the court and in the interest of justice, the case is to be transferred to any other court. 5. On hearing the learned counsel, I do Tr.P.Crl.31/09 3 not find sufficient reasons to order transfer. Fact that Magistrate has dismissed the petitions filed by the petitioner, for direction to produce documents or to call for the documents or to send the documents to an expert by themselves is not a ground to order transfer. I find no reason to suspect the integrity of the presiding officer. In such circumstances, the case cannot be transferred as sought for. In such circumstances, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.