IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Tr.P(Crl.).No. 29 of 2009() ----------------------------------- CRMP.2805/2008 of SESSIONS COURT, KOTTAYAM MC.15/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT.,VAIKOM .................... PETITIONER(S): ---------------------- 1. CHANDRASEKHARAN NAIR, S/O.LATE SREEDHARAN PILLAI, AGED 55 YEARS, RESIDING AT NJATTUKALAYIL HOUSE, KULASEKHARAMANGALAM P.O., KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM. 2. GIRIJA, W/O.CHANDRASEKHARAN NAIR, AGED 52 YEARS, RESIDING AT NJATTUKALAYIL HOUSE, KULASEKHARAMANGALAM P.O., KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM. BY ADV. MR.P.K.MURALEEDHARAN MR.SUNU P.JOHN MR.C.DEVANAND COUNTER PETITIONERS/RESPONDENT(S): ------------------------------------------------------------- 1. SRASWATHY AMMA, D/O.LATE KUNJIAMMA, AGED 84 YEARS, NJATTUKALAYIL HOUSE, KULASEKHARAMANGALAM, NOW RESIDING AT JEEVAN BHAVAN, THALAYOLAPARAMBU P.O., THALAYOLAPARAMBU, VADAYAR VILLAGE, KOTTAYAM DT. 2. STATE REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R1 BY ADV. MR.RAM MOHAN.G., MR.G.P.SHINOD, MR.MANU V. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== Tr.P(Crl).No. 29 OF 2009 =========================== Dated this the 29th day of June,2009 ORDER Petitioners are the respondents in Crl.M.C.15/2008 before Judicial First Class Magistrate Court, Vaikom filed by first respondent under section 12 of Protection of Women from Domestic Violence Act. This petition is filed for transfer of that case to any other Magistrate Court within the Sessions Division, Kottayam contending that petitioner has a reasonable apprehension about the denial of a fair and impartial inquiry. Petitioner had earlier filed Crl.M.P.2805/2008 before Sessions Court, Kottayam for transfer which was dismissed under Annexure A6 order. Learned Sessions Judge has considered all the relevant aspects after getting a report from the Magistrate regarding the allegations raised and dismissed the petition under Annexure A6 order. I find no reason to differ with the view taken by the learned Sessions Judge or to transfer the case as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006