IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Tr.P(Crl.).No. 24 of 2008() --------------------------- CC.612/2005 of J.M.F.C., WADAKKANCHERRY .................... PETITIONER: PETITIONER: ---------------------------------------------- ABDUL SALAM @ SALAM HAJI, AGED 54 YEARS S/O.KOYAKUTTY, RESIDING AT KOMBATHAKAYIL HOUSE, P.O.KALLUR, VADAKKEKAD, THRISSUR. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: RESPONDENTS: -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAJAN, S/O.MOOKILASSERY THAMBI, KUNNAMKULAM VILLAGE, TRICHUR DISTRICT. 3. MOOSA, MANGALATH VEETTIL, CHANGARAMKULAM, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Tr.Petn.(Crl.) No.24 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of April, 2008 ORDER The petitioner, who is the 1st accused in C.C.No.612/2005 on the file of the J.F.C.M, Wadakkenchery, seeks a transfer of the said case to the J.F.C.M, Kunnamkulam. The said case arises out of Crime No.113/1995 of Kunnamkulam Police Station. It was originally taken on file as C.C.No.465/1996 on the file of the J.F.C.M, Kunnamkulam, but it was later transferred to the J.F.C.M, Wadakkenchery and re-registered as C.C.No.516/2007. Since both the petitioner as well as the 2nd accused were absconding, the case was transferred to the Long Pending Register, after complying with the legal formalities. On 22.4.05, the petitioner(A1) surrendered before the J.F.C.M,Wadakkenchery and was released on bail. The case was originally posted for trial on 27.09.07 on which day, the petitioner remained absent. Since the petitioner had to be identified by CWI in the box, the application filed by the petitioner for personal exemption was rejected by the learned Magistrate, who issued warrant of arrest against the petitioner. Tr.Ptn(Crl)No.24 of 2008 2 Thereafter, on 22.10.07, the petitioner again surrendered before the learned Magistrate. The case was then posted to 26.3.08 for further examination of CW1. 2. In as much as the crime is that of Kunnamkulam Police Station and the court competent to try the case is also J.F.C.M, Kunnamkulam by virtue of Section 177 Cr.P.C and the J.F.C.M, Wadakkenchery has not examined CW1 so far, I see no reason why the case should not be transferred to the J.F.C.M, Kunnamkulam, which is the court competent to try the offence. Accordingly, C.C.No.612/2005 before the J.F.C.M, Wadakkenchery shall be transferred back to J.F.C.M, Kunnamkulam, which shall try and dispose of the case, expeditiously, having regard to the fact that the crime is of the year 1995. V. RAMKUMAR, JUDGE sj