Nubla v. Nabeesa
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 Tr.P(Crl.).No. 69 of 2015 --------------------------------- CC 1653/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II, CHERTHALA .......
PETITIONER(S):
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1. NUBLA, AGED 25 YEARS, D/O. NOORJAHAN, KATTILPARAMBATH HOUSE, P.O.PARAMBIL, KURUVATTOOR DESOM, CHERUVATTA, KOZHIKODE - 673 001.
2. NOORJAHAN, W/O. LATHEEF, KATTILPARAMBATH OUSE, P.O.PRAMBIL, KURUVATTOOR DESOM, CHERUVATTA, KOZHIKODE - 673 001. BY ADV. SRI.NIRMAL. S RESPONDENT(S):
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1. NABEESA, AGED 67 YEARS, W/O. ABDUL RAHMAN, MANAMKURICHI VEEDU, PANAVALLY, PANAVALLY PANCHAYATH, WARD 16, PANAVALLY P.O., CHERTHALA, ALAPPUZHA - 688 566.
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.K.P.MAJEED R2 BY PUBLIC PROSECUTOR SMT.MAYA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Tr.P(Crl.).No. 69 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE A1: TRUE COPY OF THE SUMMONS ISSUED TO THE 1ST PETITIONER. ANNEXURE A2: TRUE COPY OF THE SUMMONS ISSUED TO THE 2ND PETITIONER. ANNEXURE A3: TRUE COPY OF THE CMP 356/2014.
RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Tr.P.(Crl.) No.69 of 2015 ````````````````````````````````````````````````````````````` Dated this the 9th day of December, 2015
O R D E R
~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioners.
2.
The petitioners are the accused in CC No.1653/2014 of the Judicial First Class Magistrate's Court-II, Cherthala. The said case is as a result of a private complaint filed by the 1st respondent herein as complainant. The 1st respondent is none other than the mother-in-law of the 1st petitioner herein. The 2nd petitioner is the mother of the 1st petitioner.
3.
On hearing the submissions of the learned counsel for the petitioners as well as the learned counsel for the 1st respondent, and on a perusal of the records, it has come out that there is every reason to suspect that the complaint is filed just as a retaliatory measure for wreaking vengeance. The petitioners are the residents of Kozhikode.
Tr.P.(Crl.).69/2015 : 2 :
It seems that the 1st respondent wants to see them brought to Cherthala for settling scores.
4.
On hearing either side, this Court is satisfied that it is just and convenient in the interest of justice to transfer the case to one of the Judicial First Class Magistrate's Courts at Kozhikode.
In the result, this Tr.P.(Crl.) is allowed. CC No.1653/2014 of the Judicial First Class Magistrate's Court-II, Cherthala is transferred to the Chief Judicial Magistrate's Court, Kozhikode. The learned Chief Judicial Magistrate, Kozhikode, on getting the case, can make over the case to any of the Judicial First Class Magistrate's Courts at Kozhikode.
Sd/- (B.KEMAL PASHA, JUDGE) aks/09/12 // True Copy // PA to Judge