Kerala High Court
Sreejith Sreenivas vs State Of Kerala on 24 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
2025:KER:5785
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
TR.P(CRL.) NO. 66 OF 2019
CRIME NO.1802/2018 OF KAZHAKKUTTOM POLICE STATION,
THIRUVANANTHAPURAM
AGAINST CC NO.1646 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II,ATTINGAL
PETITIONER:
SREEJITH SREENIVAS,
AGED 34 YEARS
S/O.UNNIKRISHNAN, "SREENIVAS",
PANAMANNA P.O., PALAKKAD - 679 501.
BY ADV.
V.K.HEMA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI - 682 031.
2 ADDL.R2 NABEEL VANNARATH
AGED 28 YEARS, S/O KUNJABDULLA,
KIZHAKEYI HOUSE, PURAMERI VILLAGE,
VADAKARA TALUK, KOZHIKODE DISTRICT,
2025:KER:5785
TR.P.(CRL.) NO.66 OF 2019
2
NOW RESIDING AT NANDANAM HOUSE,
NEAR THEEPPEETTI KOVIL, ARASHUMMOODU,
KULATHOOR PO, THIRUVANANTHAPURAM DISTRICT,
PIN-695583.
[ADDL. R2 IS IMPLEADED AS PER THE ORDER DATED
19/08/2019 IN CRL.MA NO.2/2019 IN TR.P.(CRL.)
NO.66 OF 2019.]
BY ADV.
SRI. M. P. PRASANTH - PUBLIC PROSECUTOR
THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 24.01.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:5785
TR.P.(CRL.) NO.66 OF 2019
3
ORDER
This Transfer Petition has been filed to transfer C. C. No.1646/2018 pending on the files of the Judicial First Class Magistrate Court - II, Attingal to the Judicial First Class Magistrate Court, Kakkanadu to conduct joint trial with C. C. No.802/2019 pending therein.
2. The petitioner who is the accused in C. C. No. 1646/2018 pending on the files of the Judicial First Class Magistrate Court - II, Attingal is also an accused in C. C. No. 802/2019 pending on the files of the Judicial First Class Magistrate Court, Kakkanadu. The offences involved in both cases are under Sections 406 and 420 of the Indian Penal Code. The transfer has been sought on the premises that the subject matter of both cases arose out of the same transaction and joint trial is necessary.
3. I have heard the learned counsel for the petitioner.
4. Annexure A1 is the final report with respect to C. C. No. 802/2019 and Annexure A2 is the final report with 2025:KER:5785 TR.P.(CRL.) NO.66 OF 2019 4 respect to C. C. No.1646/2018. I went through the final reports in detail. The transaction in both cases is totally different. There is no connection. The defacto complainant is also different. Therefore, joint trial cannot be ordered. Hence, I find no reason to allow the transfer. Accordingly, the Transfer Petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE BR 2025:KER:5785 TR.P.(CRL.) NO.66 OF 2019 5 APPENDIX OF TR.P(CRL.) 66/2019 PETITIONER'S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.802/2019.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.1646/2018.
RESPONDENTS' ANNEXURES: NIL