Kunhammad Haji vs State Of Kerala on 24 May, 2022

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Kerala High Court

Kunhammad Haji vs State Of Kerala on 24 May, 2022

Bench: Kauser Edappagath

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944
                TR.P(CRL.) NO. 56 OF 2019
  AGAINST THE ORDER/JUDGMENT IN CC 68/2019 OF JUDICIAL
          MAGISTRATE OF FIRST CLASS ,NADAPURAM
PETITIONER/ACCUSED:

         KUNHAMMAD HAJI
         AGED 70 YEARS, S/O. ABDULLA, KOADIYATH HOUSE,
         MAYYANNUR P.O, VADAKARA-673542.
         BY ADVS.
         NIRMAL. S
         VEENA HARI


RESPONDENT/STATE & DEFACTO COMPLAINANT:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM.



         SRI M P PRASANTH-PP


     THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 Tr.P(Crl). No.56/2019

                                 ..2..




                             ORDER

Dated this the 24th day of May, 2022 This Transfer Petition(Crl) has been filed to transfer C.C.No.68/2019 on the file of Judicial First Class Magistrate Court, Nadapuram to Judicial First Class Magistrate Court, Thalassery for trial and disposal.

2. The petitioner is the accused. The offences alleged against him are punishable U/ss.341, 323, 354, 353, 294(b) of the IPC.

3. The crime was registered on the allegation that the petitioner assaulted the Advocate Commissioner who came to inspect the Plaint Schedule Property in O.S.No.135/2018 pending on the files of Munsiff Court of Nadapuram.

4. According to the petitioner, since the prosecution allegation is that, the petitioner assaulted the Advocate Commissioner who is a member of Nadapuram Bar Association, no advocate of Nadapuram Bar Association is willing to appear for the petitioner. In these circumstances the transfer has been sought for.

Tr.P(Crl). No.56/2019

..3..

5. I have heard Smt.Veena Hari, the learned counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that the general body of the Nadapuraram Bar Association has passed a resolution that no advocate of Nadapuram Bar Association shall appear for the petitioner. Annexure-A2 produced would show that, even though an advocate appeared for the petitioner, the Bar Association suspended her. The counsel further submitted that since nobody appeared for the petitioner, the court below issued Non Bailable Warrant against the petitioner. The petitioner is a senior citizen. Right to be defended by a lawyer is a valuable right of an accused. Since no advocate of Nadapuram Bar Association is willing to appear for the petitioner, I am of the view that his valuable right to defend the case properly is denied. In these circumstances, the transfer sought for is only to be allowed.

In the result, the transfer petition is allowed. C.C. No.68/2019 pending on the files of Judicial First Class Tr.P(Crl). No.56/2019 ..4..

Magistrate Court, Nadapuram is withdrawn and transferred to Judical First Class Magistrate Court-1, Thalassery for trial and disposal. The warrant issued against the petitioner stands recalled.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE ded/24.05.2022 Tr.P(Crl). No.56/2019 ..5..

APPENDIX OF TR.P(CRL.) 56/2019 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE SUMMONS RECEIVED IN C.C.68/2019.

ANNEXURE A2 TRUE COPY OF THE ORDER OF THE NADAPURAM BAR ASSOCIATION DATED 04.12.2018.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE

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