IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Tr.P(Crl.).No. 67 of 2011() --------------------------- MC.186/2011 of JFCM COURT, PONNANI to JFCM COURT PATTAMBI .................... PETITIONER(S): --------------- SHOUKATHALI, S/O.MOIDUNNI, THAYAMKULAM HOUSE, THRITHALA POST, TRITHALA AMSOM MATTAYA DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): --------------- 1. AJISHAMOL, D/O.MOHAMMED, THERAYIL HOUSE, TRITHALA POST, TRITHALA AMSOM MATTAYA DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. MOIDUNNI, S/O.BAPPUTTY, THAYAMKULAM HOUSE, TRITHALA POST, TRITHALA AMSOM MATTAYA DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. R1 BY ADV. SRI.K.B.ARUNKUMAR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(Crl.).No. 67 of 2011 APPENDIX PETITIONERS ANNEXURES ANNEXURE 1: COPY OF THE M.C. 186/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, PONNANI DATED 2.7.2011 ANNEXURE 2: COPY OF THE COUNTER FILED BY THE PETITIONER HEREIN IN M.C. 186/2011 BEFORE THE JUDICIAL MAGISTRATE COURT, PONNANI, DATED 24.9.2011 ANNEXURE 3: COPY OF THE INTERIM ORDER DATED 2.7.2011 IN C.M.P. 2047/2011 IN M.C. 186/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, PONNANI RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ T.P.(Crl.) No: 67 OF 2011 (F) ------------------------------------------ Dated this the 14th day of November, 2011 O R D E R This petition is filed by the first respondent in M.C.No:186/2011, which is now pending before J.F.C.M., Ponnani. The complaint was filed by first respondent's wife. The second respondent is the father of the petitioner. Originally, she was alleged to have been ousted from the shared house hold, but consequent to the Order passed by the learned Magistrate, she is staying in the very same house/shared house. As such, the petitioner in M.C. and second respondent therein, are staying within the jurisdiction of J.F.C.M., Pattambi. According to the learned counsel for the petitioner J.F.C.M. Pattambi, is about 5 km away from the house, wherein, the first respondent is now staying. T.P.(Crl.) No: 67 OF 2011 (F) -2- Hence, according to the learned counsel for the petitioner, harassment is caused to the petitioner and his father to appear before J.F.C.M., Ponnani, which is about 25 Km away from their place of residence. The learned counsel for the first respondent would submit that the petitioner and his father are making persistent threats and if the case is to be enquired into/tried before J.F.C.M., Ponnani, they (petitioner) will continue their threats, in which case, the witness of the first respondent may not be in a position to give evidence fearlessly. It is further submitted that in order to cause harassment to the first respondent, the second respondent caused disconnection of electricity supply. But the learned Magistrate directed the K.S.E.B. to restore the connection. Since, now all the three parties are staying within the jurisdiction of J.F.C.M., Pattambi, it would be just and T.P.(Crl.) No: 67 OF 2011 (F) -3- proper that the case be transferred from J.F.C.M., Ponnani, to J.F.C.M., Pattambi. But, it is made clear that if any threat or any other interference is caused by the act of the petitioner, his father and men in the proper conduct of the case, then certainly the first respondent can raise that contention before J.F.C.M., Pattambi, and if necessary, the petitioner can move this Court at that point of time. With this observation, M.C.No:186/2011, which is now pending before J.F.C.M.,Ponnani, shall be transferred to J.F.C.M., Patambi. The parties will appear before J.F.C.M., Pattambi on 2.12.2011. N.K. BALAKRISHNAN, JUDGE jjj