IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Tr.P(Crl.).No. 25 of 2008() --------------------------- ST.2132/2007 of J.M.F.C.-I,THRISSUR .................... PETITIONER: 4TH ACCUSED ----------------------- SHAMSUDHEEN S., AGED 35 YEARS S/O. SHAHUL HAMEED, AYSHA MANZIL, POOKKADU THATHAMANGALAM .O., PALAKKAD, NOW WORKING AS SUB INSPECTOR OF POLICE, VACB, THRISSUR WING. BY ADV. SRI.S.RAJEEV RESPONDENTS: COMPLAINANT & ACCUSED 1 TO 3 ----------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SASI KUMAR, AGED 40 YEARS S/O.KRISHNANKUTTY NAIR, IMBRAMADATHIL VEEDU THOTTIPPAL DESOM, VILLAGE, P.O.THOTTIPPAL MUKUNDAPURAM TALUK. 3. MARY VARGHESE, AGED 45 YEARS PROPRIETOR, A.P. KAKKOO & SONS, T.C.VI/2182 PALACKAL ANGADI, THRISSUR DISTRICT. 4. JACOB VARGHESE, AGED 30 YEARS M.P. KAKKOO & SONS, T.C.VI/2182 PALACKAL ANGADI, THRISSUR-1. 5. POLY, MANAGER, M.P.KAKKOO & SONS T.C.VI/2182, PALACKAL ANGADI, THRISSUR. BY PUBLIC PROSECUTOR SRI.AMJED ALI SRI.P.SANTHOSH (PODUVAL) FOR R2 SMT.R.RAJITHA FOR R2 SRI.M.B.PRAJITH FOR R3 THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Tr.P.Crl.No.25 of 2008 ---------------------------------------- Dated this the 4th day of July 2008 O R D E R The petitioner, a Sub Inspector of Police faces allegations in a private complaint lodged by the respondents herein. The learned counsel for the petitioner prays that the case against him may be transferred to any court other than the court at Thrissur. 2. What is the reason? The learned counsel for the petitioner submits that the lawyers at Thrissur are at loggerheads with the petitioner as the petitioner had taken action against two lawyers who were allegedly found drunk and misbehaving in a public transport vehicle. With respect to that case, counter allegations were made against the petitioner and the local Bar had decided not to defend the petitioner. The petitioner was therefore constrained to bring another lawyer to defend him at Thrissur from a neighbouring station. Because of the animosity arising from such case, the complainant in this case had also been allegedly prevailed upon to file a complaint against the petitioner and it is that complaint which is pending as S.T.No.2132/2007. When the petitioner went to the court in T.P.Crl.No.25/08 2 connection with that case, there was a commotion and the local lawyers had created an unpleasant situation in the court obliging the officers of the court also to make complaint before the learned Chief Judicial Magistrate. The other case against the petitioner has already been transferred from the court at Thrissur and the same has been directed to be transferred to the court at Chavakkad. The petitioner prays that this case may also be transferred from Thrissur to any other court to enable him to defend himself properly and to avoid the unnecessary expense of bringing a lawyer from a neighbouring station to the court at Thrissur. 3. The application is opposed by the learned counsel for the respondent. But having considered all the relevant circumstances, I am satisfied that the request of the petitioner to transfer the case from the court at Thrissur to any other court is perfectly justified. To avoid all unnecessary controversies, I am satisfied that the case can be transferred from the J.F.M.C, Thrissur where that case is now pending. 4. Parties are not in agreement about the court to which the case is to be transferred. The petitioner prays that the case T.P.Crl.No.25/08 3 may be transferred to the court at Palakkad whereas the learned counsel for the respondent submits that transfer may be made to J.F.M.C, Chavakkad where another case against the complainant is also pending. I am satisfied that the request of the respondent about the court to which the case is to be transferred can be accepted. 5. In the result, a) This Tr.P.C is allowed. b) S.T.No.2132/2007 of J.F.M.C, Thrissur is transferred to the J.F.M.C, Chavakkad. Parties shall appear before that court at 11/8/2008. The learned J.F.M.C, Thrissur shall forthwith transmit records to the J.F.M.C, Chalakkudy. 6. The learned counsel for the petitioner prays that the petitioner may be exempted from personal appearance. The petitioner can appear before the learned J.F.M.C, Chalakkudy and make appropriate request. Such request must be considered by the learned Magistrate on merits and in accordance with law. (R.BASANT, JUDGE) jsr T.P.Crl.No.25/08 4 T.P.Crl.No.25/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007