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High Court of KeralaTr.P(Crl.)/74/2015partly allowed

Shabu A.H. v. State Of Kerala, Represented By The Public Prosecutor

2015-11-04Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Tr.P(Crl.).No. 74 of 2015 --------------------------------- CC 2284/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY ----------------- PETITIONER(S):

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1. SHABU A.H., AGED 42 YEARS, S/O. A.M.HYDROSE, ALLEDATH HOUSE, TOLL GATE, EDAPPALLY, KOCHI - 682 024.

2. A.M.HYDROSE, AGED 70 YEARS, S/O. MEETHIYAN, ALEDATH HOUSE, TOLL GATE, EDAPPALLY, KOCHI - 682 024.

3. SUHRA M.M, AGED 66 YEARS, W/O. A.M.HYDROSE, ALEDATH HOUSE, TOLL GATE, EDAPPALLY, KOCHI - 682 024.

4. SHEEBA MUNEER, AGED 40 YEARS, W/O. MUNEER, BEEMAS, MATTUMMAL ROAD, THAIKKATTUKARA, ALUVA, ERNAKULAM DISTRICT.

BY ADV. SMT.J.SHEEBA MARIAM RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2. BEENA, AGED 32 YEARS, W/O. SHABU A.H., BEENAS, PERINGADI P.O., NEW MAHE, THALASSERY - 673 312.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA R2 BY ADV. SRI.M.SASINDRAN THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Tr.P(Crl.).No. 74 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------- ANNEXURE 1- TRUE COPY OF THE FIR NO.66/15 OF NEW MAHE POLICE STATION ANNEXURE 2- TRUE COPY OF CHARGE IN CC.2284/15 OF JFMC THALASSERY. ANNEXURE 3- TRUE COPY OF THE MEDICAL CERTIFICATE DATED 23/2/15 3RD PETITIONER IS PRODUCED HERE WITH AND MARKED FOR REFERENCE ANNEXURE 4- TRUE COPY OF THE DISCHARGE SUMMARY DATED 18/4/15 OF 2ND PETITIONER IS PRODUCED HERE WITH AND MARKED FOR REFERENCE RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

................................................................ Tr.P.(Crl) No. 74 of 2015 ............................................................... Dated this the 4th day of November, 2015

O R D E R

Heard the learned counsel for the petitioners and the learned counsel for the 2nd respondent.

2.

Petitioners are the accused in C.C.No.2284/15 of the Judicial First Class Magistrate's Court, Thalassery. In order to attend the said court, the petitioners have to travel on the previous day to the date of posting.

3.

On hearing the submissions of the learned counsel for the petitioners as well as the 2nd respondent, and on considering the facts and circumstances of the case, this Court is of the view that the case can be transferred to the Chief Judicial Magistrate's Court, Kozhikode, so that the

Tr.P.(Crl) 74 of 2015 -: 2 :- petitioners can reach the court on the same day for attending the case. Therefore, it is just and convenient in the interest of justice to effect a transfer like that. In the result, this Transfer Petition is allowed in part and C.C.No.2284/15 pending before the Judicial First Class Magistrate's Court, Thalassery is transferred to the Chief Judicial Magistrate's Court, Kozhikode. As far as practicable, the court below shall grant exemption to the petitioners from appearing in the said case, and their presence shall be insisted on the posting dates on which their presence is actually required for the trial. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge