IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.MC.No. 445 of 2011() ------------------------ SC.5/2009 of SESSIONS COURT, KAVARATHI .................... (CRIME NO.3/2008 OF KAVARATHI POLICE STATION) .... PETITIONER(S): ACCUSED NO.2: -------------------------------------------------- M.C.MUHAMMED ALI, S/O.MAJEED, MELACHODAM HOUSE, KAVARATHI ISLANDS, U.T.OF LAKSHADWEEP. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY THE STATION HOUSE OFFICER, KAVARATHI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR FOR U.T. OF LAKSHADWEEP, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.445 of 2011 -------------------------------------- Dated this the 11th day of February, 2011. ORDER Petitioner is accused No.2 in S.C.No.5 of 2009 of the court of Sessions Judge, Kavarathi arising from Crime No.3 of 2008 of the Kavarathi Police Station for offences punishable under Sections 120B, 437, 439, 379 and 411 read with Section 34 of the Indian Penal Code. Request in this petition is to issue a direction to the learned Sessions Judge to post the above said case for trial in the Camp Court at Kozhikode. The reason for such a request is that there is no advocate to conduct the case at Kavarathi. Learned counsel submits that when a request was made before the learned Sessions Judge it was opined that only civil cases could be posted for trial/hearing in the Camp Court at Kozhikode. Learned counsel submitted that accused No.1 and the defacto complainant hail from Uduppi and that convenience of the parties also required that the case is taken up in the Camp Court at Kozhikode. I have heard learned standing counsel for respondents. 2. It is seen that no application is preferred requesting to post the case at Camp Court at Kozhikode. It is open to the petitioner to move appropriate application before the learned Sessions Judge seeking appropriate relief and if any such application is preferred learned Sessions Judge shall Crl.MC No.445/2011 2 pass appropriate orders having regard to all relevant facts and circumstances. With the above direction this petition is closed. THOMAS P.JOSEPH, Judge. cks