IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Crl.Rev.Pet.No. 2771 of 2008() ------------------------------ CMP.2144/2008 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA C.C.1259/2006 of JUDICIAL MAGISTRATE OF IST CLASS-I, ALAPPUZHA. .................... REVN. PETITIONER(S):RESPONDENTS-ACCUSED ----------------------------------------------------- 1. GOKUL.P.R. S/O. RAJAN P.A., AYYANTHOLE, THRISSUR 2. RAJAN.P.A. FATHER OF GOKUL.P.R. AYYANTHOLE, THRISSUR 3. LEENA RAJAN W/O.P.A. RAJAN. AYYANTHOLE, THRISSUR BY ADV. SRI.N.P.SAMUEL RESPONDENT(S):PETITIONER-DE FACTOR COMPLAINANT/2ND RESPONDENT ------------------------------------------------------------------------------------ 1. K.DIVAKARA PANICKER POOTHARA HOUSE, DISTRICT COURT WARD ALAPPUZHA-13 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM ADV. SRI.R.BINDU (SASTHAMANGALAM) FOR R1 SRI.M.SUNILKUMAR FOR R1 BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.8470/2008 IN CRL.R.P.NO.2771/2008 26.9.2008 DISMISSED Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S to Judge M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.2771 OF 2008 =========================== Dated this the 26th day of September,2008 ORDER This petition is filed under section 397 and 401 of Code of Criminal Procedure challenging the order dated 10.6.2008 passed by the Chief Judicial Magistrate,Alappuzha in CMP No.2144/2008, a petition filed by first respondent for transfer of C.C.1259/2006 pending before Judicial First Class Magistrate I, Alappuzha to the file of Chief Judicial Magistrate, Alappuzha. 2. Learned counsel appearing for petitioners and first respondent and learned Public Prosecutor were heard. 3. C.C.1259/2006 was originally pending before Metropolitan Magistrate, Mumbai as C.C.534/2006. As directed by Supreme Court as per order dated 7.8.2006 in Crl. Nos.468-469 of 2005, case was transferred to Chief Judicial Magistrate, Alappuzha which was taken on file as C.C.534/2006 on CRRP 2771/2008 2 26.9.2006. As provided under the said order, learned Chief Judicial Magistrate made over the case to Judicial First Class Magistrate I, Alappuzha. It was re-numbered as C.C.1259/2006 before Judicial Magistrate of First Class-I, Alappuzha. First respondent thereafter filed CMP 2144/2008, under section 410 of Code of Criminal Procedure before Chief Judicial Magistrate to transfer that case back to Chief Judicial Magistrate Court, Alappuzha. That petition was allowed by the impugned order dated 10.6.2008 which reads:- “The petitioner is the de facto complainant in C.C.1259/2006 which is pending before the Court of Judicial Magistrate of the First Class-I, Alappuzha. It is a case filed for offences under sections 498-A, 406 r/w Sec.34 I.P.C. Now the petition is filed praying to transfer the above case to some other court. CRRP 2771/2008 3 2. All respondents appeared before court. Perused the affidavit. Heard. 3. In view of the affidavit, this petition is allowed. Case is made over to the Court of Chief Judicial Magistrate, Alappuzha for disposal.” 4. The argument of learned counsel is that as mandated under section 412 of Code of Criminal Procedure, when an order of transfer is passed under section 410 of Code of Criminal Procedure, the concerned Magistrate is bound to record reasons for making it and the impugned order does not show any reason. There is force in the submission. When the Supreme Court directed transfer of the case from Mumbai Court to the Court of Chief Judicial Magistrate, Alapuzha for expeditious disposal of the case either by himself or by any Magistrate having jurisdiction under him and Chief Judicial Magistrate exercised the power and ordered transfer of the case to a Magistrate, when CRRP 2771/2008 4 a petition is filed under section 410 of the Code for transfer, Chief Judicial Magistrate is bound to enquire and record reasons for ordering transfer. As no reason is shown for the transfer, the order is violative of Section 412 of the Code. The order is illegal and set aside. Chief Judicial Magistrate is directed to pass fresh order in CMP 2144/2008 after hearing petitioners and first respondent and Public Prosecutor. Chief Judicial Magistrate shall record reasons for ordering transfer or for rejecting the prayer. Petitioners are entitled to file an objection before Chief Judicial Magistrate in CMP 2144/2008 within seven days from today. Chief Judicial Magistrate has to pass order in CMP 2144/2008 within three weeks from today. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006