IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 CRL.REF.No. 5 of 2008() ----------------------- (REQUEST OF THE JUDGE, FAST TRACK COURT-I, THIRUVANANANTPAURAM TO TRANSFER THE SESSIONS CASE NO.853/2000 OF THAT COURT. : APPELLANT/ACCUSED ---------------------------------- S.SOMAN, ADDITIONAL DISTRCT & SESSIONS JUDGE, FAST TRACK COURT-1,THIRUVANANANTPAURAM. BY ADV. SUO MOTU RESPONDENTS: ------------- STATE OF KERALA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ---------------------- Crl.Ref.No.5 of 2008 ---------------------------------------- Dated this the 16th day of June 2008 O R D E R This reference is registered on the basis of a communication received from the Additional District and Sessions Judge, Fast Track Court - I, Thiruvananthapuram. In a Sessions case pending before the Sessions Court, the learned Additional Sessions Judge to whose court the case was made over had initiated the preliminary steps. Plea of the accused has already been recorded. At that stage, the learned Judge realised that it may not be possible or feasible to conduct the trial before the learned Judge in that court on account of infrastructure inadequacies of space etc. 95 accused persons are arrayed in the case and as many as 359 witnesses have been cited. The court hall of the Fast Track Court is small and can hardly house accused persons when their number runs into two digits. In these circumstances, the learned Judge through the District Judge in charge had reported that directions may be issued under Section 482 Cr.P.C to transfer the court to any other court of competent jurisdiction. 2. The learned Additional Sessions Judge must have perceived this difficulty even before he framed charges. This Crl.Ref.No.5/08 2 could not have been a revelation after the charges were framed. Since charges were already framed, the learned Sessions Judge could not exercise his powers under Section 409 Cr.P.C and it was hence that the learned Sessions Judge in charge submitted the request as a reference to this court. As directed by the learned Judge in charge of the District, the case was numbered as a suo motu criminal reference and accordingly, the matter has been placed before me. 3. Report of the learned Principal Sessions Judge was called for. The learned Principal Sessions Judge now endorses the request of the learned Additional Judge and submits that there is genuine difficulty to hold the trial in that court. The learned Principal Sessions Judge has reported that there can be a direction to the Second Additional Sessions Judge, Thiruvananthapuram to take up the matter and dispose of the case in accordance with law. 4. Having considered all the relevant inputs, I am persuaded to agree that such a direction can be issued under Section 482 Cr.P.C in the interests of justice. 5. This Criminal Reference is accordingly answered in favour of the request by the learned Additional District and Crl.Ref.No.5/08 3 Sessions Judge and as endorsed by the learned Principal Sessions Judge. It is directed that Sessions case No.853/2000 pending before the Additional District and Sessions Court (Fast Track Court-1), Thiruvananthapuram shall stand transferred to the Second Additional Sessions Court, Thiruvananthapuram for trial and disposal. The learned Additional District and Sessions Judge (Fast Track Court-1), Thiruvananthapuram shall forthwith transmit the records to the Second Additional Sessions Judge and shall direct the accused persons also to appear before the Second Additional Sessions Court on a specified near date. Records shall also be forwarded to that court. Second Additional Sessions Court, Thiruvananthapuram must dispose of the Sessions Case No.853/2000 now as expeditiously as possible, at any rate, within a period of nine months from the date on which a copy of this order is placed before the learned Judge. Compliance shall be reported to this court. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.Ref.No.5/08 4 Crl.Ref.No.5/08 5 R.BASANT, J C.R.M.C.No. ORDER DAY OF NOVEMBER 2006