IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Tr.P(Crl.).No. 99 of 2009() --------------------------- CC.177/2008 of C.J.M.,THODUPUZHA .................... PETITIONER: --------------- GINI VARGHESE, D/O.DEVASIA VARGHESE, PURIYOTTU HOUSE, KOOTHRAPALLY KARA, SANTHIPURAM.P.O, KARUKACHAL VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: --------------- 1. SAJAN ANTONY, PUZHAKARAYIL HOUSE, COURT JUNCTION, MUTTON VILLAGE, THODUPUZHA. 2. CHINNAMMA, W/O.ANTONY, PUZHAKARAYIL HOUSE, KAKKOMBU BHAGAM, MUTTON KARA, MUTTON VILLAGE, THODUPUZHA. 3. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR SRI.GRASHIOUS KURIAKOSE FOR R1,2 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------- T.R.P.(Crl) No. 99 OF 2009 -------------------------- Dated this the 10th day of March, 2010 O R D E R Petitioner is the de facto complainant in C.C. No. 177/2008 on the file of Chief Judicial Magistrate, Thodupuzha taken cognizance for the offence under Section 498 A of Indian penal Code. Petition is filed to transfer the case to Kottayam contending that the petitioner with a small child is not in a position to travel to Thodupuzha to give evidence. 2. Petition is opposed by respondents 1 and 2 contending that for the convenience of the petitioner alone the case cannot be transferred and petitioner need appear before the Chief Judicial Magistrate only on the date of her examination and hence the case may not be transferred. 3. Petitioner is only one of the prosecution witnesses to be examined in the case. She need appear before the court only once and that is only for her examination. On that ground, for her convenience the case cannot be transferred. I find no justification for transferring the case to Kottayam, as sought for, especially when the second respondent, who is the mother of the first respondent, is far aged compared to the petitioner. Petition is dismissed. M.SASIDHARAN NAMBIAR (JUDGE) vps 2