Kerala High Court
S.Ramesan Asari vs State Of Kerala on 20 February, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 20TH DAY OF FEBRUARY 2014/1ST PHALGUNA, 1935
Tr.P(Crl.).No. 72 of 2013
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CC NO. 473/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II,
NEDUMANGAD TO ATTINGAL IN THIRUVANANTHAPURAM.
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PETITIONER(S):
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S.RAMESAN ASARI,
(RETD. JUNIOR INSTRUCTOR, ITI), CHERUKONATH VEEDU,
POTHENCODE, THIRUVANANTHAPURAM-695 584.
BY ADV. SRI.S.MOHANDAS
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. SRI.G.HARIKUMAR,
ADVOCATE, DEVARAGAM, MANAKODE,
THEKUMKARA, NEDUMANGAD, THIRUVANANTHAPURAM-695 561.
3. SRI.MOHANKUMAR,
ADVOCATE (EX. SECRETARY,BAR ASSOCIATION), NEDUMANGAD,
THIRUVANANTHAPURAM-695 561.
R1 BY PUBLIC PROSECUTOR SRI.N.SURESH
THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 20-02-2014, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Kss
Tr.P.(Crl.)No.72/2013
APPENDIX
PETITIONER'S ANNEXURE:
ANNEX.1: COPY OF CC.NO.473 OF 2012 (FIR 1566) OF JUDICIAL FIRST
CLASS MAGISTRATE COURT II, NEDUMANGAD.
RESPONDENT'S ANNEXURES: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
K. RAMAKRISHNAN, J.
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Tr.P.(Crl.).No.72 of 2013
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Dated this the 20th day of February, 2014
O R D E R
This transfer petition is filed by the petitioner, who is the defacto-complainant in C.C.473/2012 pending before the Judicial First Class Magistrate Court-II, Nedumangad, to transfer the case from that court to the Judicial First Class Magistrate Court-I, Attingal, under Section 407 of the Code of Criminal Procedure.
2. It is alleged in the petition that, the petitioner herein is the defacto-complainant in C.C.No.473/2012 on the file of the Judicial First Class Magistrate Court-II, Nedumangad, and respondents 2 and 3 are the accused in that case. The offences alleged are punishable under Sections 294(b), 427, 323 read with Section 34 of the Indian Penal Code. The allegation was that, the petitioner was abused by the accused persons from in side the Family Court, Nedumangad, and he was Tr.P.(Crl.).No.72 of 2013 2 beaten, while coming out of the said court on 04.12.2010 and thereby they have committed the above said offence. As a counter blast to the same, the 2nd respondent herein filed C.C. No.275/2011 against the petitioner, which is also pending before the same court. He filed Tr.P.(Crl.) No.70/2013 to transfer that case also to any of the Magistrate court at Attingal. The respondents 2 and 3 are advocates practicing in Nedumangad court, so no advocate from Nedumangad will appear or conduct the case for and on behalf of the petitioner. He also apprehends that, he may not be able to go to that place and conduct the case properly. So he prayed for transferring the case to some other court in that district preferably at Attingal. Hence he filed this petition, seeking the following relief:
"On the above and other grounds to be urged at the time of hearing it is humbly prayed that this Hon'ble court may be pleased to transfer C.C.No.473/2012 from the court of Judicial First Class magistrate-II, Nedumangad to the Court of Judicial First Class Magistrate, Attingal."Tr.P.(Crl.).No.72 of 2013 3
3. Though notice was ordered to respondents 2 and 3, they remained absent. Considering the circumstances of the case mentioned in the petition, this court felt that, this can be disposed of by hearing the counsel for the petitioner.
4. It is an admitted fact that for an incident happened inside the family court, Nedumangad, on 04.12.2010 on the basis of the statement given by the petitioner, a case was registered as Crime No.1566/2010 of Nedumangad Police Station against the respondents 2 and 3 and after investigation the police filed final report and was taken on the file as C.C.No.473/2012 and that is pending before the Judicial First Class Magistrate Court-II, Nedumangad also.
5. The allegation was that, since respondents 2 and 3 are advocates of Nedumangad Bar, with the help of advocate class in that area, they are not allowing any Tr.P.(Crl.).No.72 of 2013 4 advocate to appear for him. Further it is also stated in the petition that, on the basis of the statement given by the 2nd respondent herein, another case was registered against the petitioner as crime No.1565/2010 of Nedumangad Police Station and after filing the final report, the same court has taken cognisance of the case as C.C.275/2011 and that case also pending in that court, he filed Tr.P.(Crl.)No.70/2013 before this court to transfer the case also to Attingal Court. So, considering the fact that the respondents are practicing lawyers in Nedumangad Bar, the apprehension of the petitioner cannot be said to be without any basis. So considering the circumstances, and also in the interest of justice, I feel that it is a fit case where the case has to be transferred from Judicial First Class Magistrate Court-II, Nedumangad to Judicial First Class Magistrate Court-I, Attingal. So the petition is allowed and C.C.No.473/2012 pending before the Judicial First Class Magistrate Court-II, Tr.P.(Crl.).No.72 of 2013 5 Nedumangad, is withdrawn and transferred to Judicial First Class Magistrate Court-I, Attingal, for disposal.
In the result, the petition is allowed and C.C.No.473/2012 pending before the Judicial First Class Magistrate Court-II, Nedumangad, is withdrawn and transferred to Judicial First Class Magistrate Court-I, Attingal, for disposal. The Judicial First Class Magistrate-II, Nedumangad, is directed to transfer the records to Judicial First Class Magistrate Court-I, Attingal, immediately. The parties are directed to appear before the transferee court on 24.03.2014. Office is directed to communicate this order to both the courts, immediately.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss