Kerala High Court
Mr. Kamirul Islam vs Cbi on 13 March, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 18TH DAY OF SEPTEMBER 2014/27TH BHADRA, 1936
Tr.P(Crl.).No. 50 of 2014 ()
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FOR TRANSFER OF SC NO. 652/2013 FROM SPECIL COURT (SPE/CBI) 1, ERNAKULAM
TO CBI COURT AT TRIVANDRUM
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PETITIONERS :
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1. MR. KAMIRUL ISLAM,
S/O.SRI.MD.ASAMUDIN, HARISHCHANDRAPUR, SONAKOL
MALDA DISTRICT, WEST BENGAL
CURRENTLY RESIDING AT ARCHA HOTEL NEAR
TO ANANTHAPURI HOSPITAL EENCHAKKAL
TRIVANDRUM.
2. MR.ANAMUL HAQUE,
S/O.SRI.ABDUL LATIFF, HARISHCHANDRAPUR, SONAKOL
MALDA DISTRICT, WEST BENGAL
CURRENTLY RESIDING AT ARCHA HOTEL NEAR
TO ANANTHAPURI HOSPITAL EENCHAKKAL
TRIVANDRUM.
3. MR.SIRAJUL HAQUE,
S/O.SRI.ABDUL HALIM, CHANCHAL DHANGARA
MALDA DISTRICT, WEST BENGAL CURRENTLY
RESIDING AT PARUTHANKUZHY
NEAR TO AYSHA HOSPITAL, ENCHAKKAL,
TRIVANDRUM.
4. MR.RAHUL AAMIN,
S/O.SRI.JOHOR ALI, HARISHCHANDRAPUR, SONAKOL
MALDA DISTRICT, WEST BENGAL
CURRENTLY RESIDING AT ARCHA HOTEL NEAR
TO ANANTHAPURI HOSPITAL EENCHAKKAL
TRIVANDRUM.
BY ADVS.SRI.K.PREMKRISHNA NAIR
SMT.P.RAJATHA
RESPONDENT :
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CBI, EOU-VI, NEW DELHI,
REPRESENTED THROUGH THE STANDING COUNSEL (CBI),
HIGH COURT OF KERALA AT ERNAKULAM, COCHIN - 31
BY ADV. SRI.P.CHANDRASEKHARA PILLAI, SC
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 18-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Tr.P(Crl.).No. 50 of 2014 ()
APPENDIX
PETITIONERS' ANNEXURES :
ANNEXURE A1 : PHOTOSTAT COPY OF FINAL REPORT FILED IN RC NO. 220 OF
2012 E009 OF EOU-VI/CBI/NEW DELHI, BEFORE THE
HONOURABLE CHIEF JUDICIAL MAGISTRATE AT ERNAKULAM
DATED 13 DAY OF MARCH 2013.
ANNEXURE A2 PHOTOSTAT COPY OF SUMMONS ISSUE TO THE PETITIONER
NAMELY ANAMUL HAQUE IN SC NO. 652 OF 2013 BY THE
SPECIAL JUDGE (SPE/CBI) 1 AT ERNAKULAM DATED 9TH DAY
OF JANUARY 2014.
RESPONDENT'S ANNEXURES : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
P.UBAID, J.
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Tr.P (Crl) No.50 of 2014
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Dated this the 18th day of September, 2014
O R D E R
The petitioners herein are the accused in S.C No.652/2013 now pending before the Special Court for CBI-I, Ernakulam. They seek transfer of the said case to Thiruvananthapuram on the ground that they are all employed at Thiruvananthapuram, and that the incident actually took place at Neyyattinkara within Thiruvananthapuram Revenue District. The case happened to be made over to the CBI Court at Ernakulam only because the Court of Session cannot make it over to some other district. Anyway, in the particular facts and circumstances where the accused are persons residing at Thiruvananthapuram, and the incident also took place within the territorial limits of the Special Court at Thiruvananthapuram, the case can well be transferred to the Special Court at Thiruvananthapuram. The CBI will not, in any manner, be aggrieved by such a transfer.
In the result, this petition is allowed. S.C No.652/2013 now pending before the CBI Special Court-I, Tr.P (Crl) No.50 of 2014 2 Ernakulam is ordered to be transferred to the CBI Special Court at Thiruvananthapuram. The learned Special Judge, Ernakulam will transmit the case records to the Special Court at Thiruvananthapuram without any delay.
P.UBAID JUDGE ab