Kerala High Court
Harida K A vs State Of Kerala on 18 February, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
Tr.P.(Crl.) No. 10 OF 2025
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2025:KER:13842
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
TR.P(CRL.) NO. 10 OF 2025
CRIME NO.905/2022 OF ANGAMALI POLICE STATION, ERNAKULAM
TO TRANSFER SC NO.184 OF 2023 OF ADDITIONAL SESSIONS COURT -
II, NORTH PARAVUR TO ANY OTHER SPECIAL COURT NOTIFIED FOR THE
TRIAL OF NDPS CASES IN ERNAKULAM DISTRICT
PETITIONER/PETITIONER:
HARIDA K A
AGED 54 YEARS, W/O MAJEED,
NEELATHAPALLATH, PANAYAKADAVU,
CHENGAMANADU P.O CHENGAMANADU VILLAGE
KUNNUKARA, ERNAKULAM DISTRICT, PIN - 683578
BY ADV IEANS.C.CHAMAKKALA
RESPONDENTS/COMPLAINANT/ACCUSED NOS. 2, 3 & 1:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 MUHAMMED AFSAL
AGED 29 YEARS, S/O MUHAMMAD ALI,
PUTHANPURAYIL HOUSE, NJATTAPADOM,
THIRUVALLOOR, ALANGAD NORTH PARAVUR TALUK,
NOW RESIDING AT PUTHENPURAYIL ABDUL RAHMAN'S
RENTAL HOUSE, MADRAS LANE THOTTUMUGHAM,
ALUVA ERNAKULAM DISTRICT, PIN - 683105
3 VISHNU P S
AGED 29 YEARS,S/O SASI, PERIKKATTIL HOUSE,
NEAR ANGANAVADI VALEPPURAM BHAGOM,
ATHANI NEDUMBASSERY VILLAGE
ERNAKULAM DISTRICT, PIN - 683585
Tr.P.(Crl.) No. 10 OF 2025
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4 AJMAL
AGED 25 YEARS, S/O MAJEED,
NEELTHPALLATHU HOUSE NEAR NEW BRIDGE
PANAYIKKADAVU CHENGANANADU VILLAGE,
ALUVA, PIN - 683578
M.P. PRASANTH, PP
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 18.02.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P.(Crl.) No. 10 OF 2025
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ORDER
This transfer petition has been filed to transfer S.C.No.184 of 2023 pending before the Additional Sessions Court-II, North Paravur to any other special court notified for the trial of NDPS cases in Ernakulam District.
2. The petitioner is the mother of accused No.1. The transfer has been sought on the ground that the counsel for the accused No.1 has sustained a fracture to his ankle and hence he cannot climb up the stairs to the Additional Sessions Court-II, North Paravur which is situated in the first floor.
3. I have heard Sri.Ieans C.Chamakkala, the learned counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor.
4. I have called for a report from the Additional Sessions Court-II, North Paravur as to the present stage of the case. The learned Additional Sessions Judge was also directed to report about the feasibility to conduct a sitting in Tr.P.(Crl.) No. 10 OF 2025 ..4..
2025:KER:13842 any of the courtrooms, if available, at the ground floor of the trial court. Accordingly, the learned Additional Sessions Judge has submitted a report. The report shows that altogether 39 witnesses have already been examined and 25 witnesses remain to be examined. The case has been re-scheduled from 17.02.2025 to 27.02.2025. There was a direction by this Court in B.A.No.1834 of 2025 to dispose of the case on or before 11.03.2025. It is further reported that no courtroom is available in the ground floor to shift the trial to the ground floor.
Since considerable part of the evidence has already been over and there is a direction by this Court to dispose of the case before 11.03.2025, the transfer sought for cannot be allowed. The accused No.1 can very well engage another counsel. Therefore, I see no reason to allow the transfer sought for. Accordingly, this transfer petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH, JUDGE APA Tr.P.(Crl.) No. 10 OF 2025 ..5..
2025:KER:13842 APPENDIX OF TR.P(CRL.) 10/2025 PETITIONER ANNEXURES ANNEXURE A1 THE MEDICAL CERTIFICATE ISSUED FROM SILVERLINE HOSPITAL, KADAVANTHRA DATED 03-01-2025 ANNEXURE A2 PHOTOCOPY OF THE ORDER IN CRL.M.C NO. 345/2025 DATED 14-01-2025 ANNEXURE A3 THE MEDICAL CERTIFICATE ISSUED FROM THE SILVERLINE HOSPITAL, KADAVANTHRA DATED 04-02- 2025 ANNEXURE A4 THE MEDICAL CERTIFICATE ISSUED FROM THE SILVERLINE HOSPITAL, KADAVANTHRA DATED 01-02- 2025 ANNEXURE A5 THE PHOTOGRAPHS OF THE SAID STAIRS IN THE COURT BUILDING