Midhun Gopi v. K.Vinod Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936 Tr.P(Crl.).No. 21 of 2015 () ----------------------------- AGAINST ST 967/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, VAIKOM PETITIONER(S):
----------------- MIDHUN GOPI THRIVENI HOUSE, PANAVALLY P.O., CHERTHALS TALUK ALAPPUZHA DISTRICT.
BY ADV. SRI.B.PRAMOD RESPONDENT(S):
--------------------
1. K.VINOD KUMAR S/O. KARITHIKEYAN, VINOD BHAVAN, VADAYAR P.O. VAIKOM TALUK, KOTTAYAM DISTRICT.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R2 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 18-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(Crl.).No. 21 of 2015 APPENDIX PETITIONER'S EXHIBITS:
--------------------------- ANNEXURE - I:
TRUE COPY OF THE COMPLAINT IN ST. NO.967 OF 2011 NOW PENDING AS LP NO.46 OF 2012 ON THE FILE OF THE J.F.C.M. COURT, VAIKOM.
RESPONDENTS EXHITS ------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ Tr.P (Crl) No.21 of 2015 ~~~~~~~~~~~ Dated this the 18th February, 2015
O R D E R
The petitioner herein is the accused in S.T No.967 of 2011 of the Judicial First Class Magistrate's Court, Vaikom. The case now stands transferred to the register of long pending cases as L.P.46 of 2012. The petitioner seeks transfer of the said case to the Court of Additional Chief Judicial Magistrate's (Economic Offence), Ernakulam on the ground that the Court at Vaikom has no territorial jurisdiction in view of the position recently settled by the Hon'ble Supreme Court. Transfer is not the remedy in the said circumstance. It appears that the petitioner seeks transfer as a short-cut because warrant of arrest is now pending against him in the L.P. proceeding before the learned Magistrate. If he is confident and if he believes, that the Court at Vaikom has no territorial jurisdiction to entertain the complaint, he can very well make an application before the learned Magistrate to return the complaint. If that court has no jurisdiction, it will definitely
Tr.P (Crl) No.21 of 2015 be returned for presentation before the proper court. With the above observations, this petition is closed. Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge