Kerala High Court
K.Mohammed vs State Of Kerala on 1 April, 2011
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 7 of 2011()
1. K.MOHAMMED, AGED 77,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. T.K.UNNIKRISHNAN,
For Petitioner :SRI.VARGHESE C.KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :01/04/2011
O R D E R
THOMAS P. JOSEPH, J.
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Tr.P.(Crl.) No.7 of 2011
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Dated this the 1st day of April, 2011.
ORDER
Though second respondent/complainant is served, there is no response.
2. Request of petitioner is to transfer C.C.No.46 of 2008 from the court of learned Judicial First Class Magistrate-II, Ottappalam to the court of learned Judicial First Class Magistrate-I, Ottappalam . That is a case involving offence punishable under Section 138 of the Negotiable Instruments Act. Reason stated is that the court of learned Judicial First Class Magistrate-II is situated on the up stair of the building, petitioner is a cardiac asthma patient and is unable to climb the steps every now and then to attend the court. Petitioner made a request to the learned Sessions Judge, Palakkad by filing Crl.M.C.No.3934 of 2010 but that request was turned down by Annexure-5, order. Hence this petition. Learned counsel submitted that in view of physical inconvenience of petitioner to climb the steps the case may be transferred to the court of learned Judicial First Class Magistrate-I, Ottappalam. I have heard learned Public Prosecutor also.
Tr.P.(Crl.) No.7/2011 2
3. I have gone through Annexure-5, order. Learned Sessions Judge observed that there is no merit in the request for transfer and the request for transfer is made in view of some order learned Judicial First Class Magistrate-II had passed against petitioner.
4. Before me certain documents are produced as Annexures 1 to 4 to show that petitioner is undergoing treatment for cardiac problem. The documents are the prescription, pulmonary function test report and medical certificate dated 06.12.2010 issued by a medical practitioner. In Annexure-4, medical certificate it is stated that petitioner is suffering acute exacerbation of COPD.
5. It would appear from the documents that petitioner has some difficulty on account of cardiac problem. I must also bear in mind as I am told, that the courts of learned Judicial First Class Magistrate-I and II are situated in the same building, on ground floor and first floor. In such situation transfer of the case from the up stair court to the ground floor court would not cause any inconvenience to the second respondent. Having regard to the circumstances I am inclined to allow the request.
Tr.P.(Crl.) No.7/2011 3
Resultantly this petition is allowed. C.C.No.46 of 2008 pending before learned Judicial First Class Magistrate-II, Ottappalam is withdrawn from that court and made over to the court of learned Judicial First Class Magistrate-I, Ottappalam for disposal. The transferor court shall transmit records of the case to the transferee court with due intimation to the petitioner and second respondent as to the date of appearance in the transferee court.
THOMAS P.JOSEPH, Judge.
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