IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Tr.P(Crl.).No. 5 of 2009(F) -------------------------- CC.60/2007 of J.M.F.C., KAYAMKULAM .................... PETITIONER(S): --------------- SREEKANTAN NAIR, AGED 38 YEARS, S/O.GOPINATHAN NAIR, 'ARCHANA', T.C.10/167, KAIRALI NAGAR, MANNANTHALA, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPALAKRISHNAN (SREEVALSAM) RESPONDENT(S): --------------- 1. PHILIP MATHEW, S/O.GEEVARGHESE, MANAGING DIRECTOR, PROMAX TECHNOLOGY (P) LTD, KAYAMKULAM, RESIDING AT NEDIYATHU HOUSE, CHERAVALLY, KAYAMKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, (C.C.NO.60 OF 2007 OF JFMC, KAYAMKULAM). ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = T.R.P.(CRL). NO. 5 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of February, 2009. O R D E R This transfer petition is filed with a prayer to transfer C.C.60/07 pending on the file of the Judicial First Class Magistrate, Kayamkulam to any other Court having competent jurisdiction at Thiruvananthapuram. The averments are that the defacto complainant had been attacked by the accused and others and there is really threat for his life and a complaint has been filed which has been forwarded by the Magistrate u/s 156(3) Cr.P.C. and registered as Crime No.1012/08. I do not want to elaborate on that point because a criminal case is registered and is pending. The accused is from Kayamkulam whereas the defacto complainant is from Thiruvananthapuram. In order to have a place without much tension for the parties being out of their native districts it will be sufficient if I transfer the case to the Chief Judicial Magistrate Court, Kollam for trial and disposal. Therefore C.C.60/07 pending before the T.R.P.(Crl) 5 OF 2009 -:2:- Judicial First Class Magistrate, Kayamkulam is transferred to the Chief Judicial Magistrate Court, Kollam for trial and disposal. While ordering the transfer notice be given to both parties to appear before the Chief Judicial Magistrate Court on a particular date. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy]