IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Tr.P(Crl.).No. 64 of 2008() --------------------------- SC.710/2003 of ADDITIONAL DISTRICT COURT (FTC-I), TRIVANDRUM .................... PETITIONER: ------------ BINU, S/O.MANIYAN, LESHMI VILASOM,TC. 5/1132, AMBALAMUKKU, KARUVANKONAM WARD THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COUTRT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl).No. 64 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of September, 2008 O R D E R The petition is to transfer a case pending before the Fast Track Court-I, Trivandrum to any other court of competent jurisdiction on the sole ground that the Presiding Officer is prejudiced against the petitioner. After the decision in Surendra kumar v. Vijayan (2005 (4) KLT 475), the petitioner can seek the relief from the Sessions Judge of the Sessions Division and this petition before this Court under section 407 Cr.P.C., without and before moving the Sessions Judge under Section 408 Cr.P.C., is not justified. 2. In these circumstances, without making any observation on merits, this transfer petition is dismissed. The petitioner's right to move the Sessions Court under Section 408 Cr.P.C. shall remain unfettered by the dismissal of this petition. Needless to say, if any such application is filed, the same shall be considered by the learned Sessions Judge expeditiously and appropriate orders on merits passed. (R. BASANT) tm Judge