IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE10H DAY OF JANUARY201420TH POUSHA, 1935 Tr.P(Crl.).No. 73 of 2013 () ----------------------------- AGAINST THE ORDER
/JUDGMENT
IN CC6932011 of J.M.F.C., PATTAMBI PETITIONER(S)/PETITIONERS/ACCUSED NOS.1 TO4-: ------------------------------------------------ 1. C.MANIKANDAN, AGED40YEARS S/O.KESAVAN NAIR, CHEMMANGAD VEEDU, ENKAKKAD POST WADAKKANCHERRY, THRISSUR.
2. KESAVAN NAIR, AGED70YEARS F/O.MANIKANDAN, CHEMMANGAD VEEDU, ENKAKKAD POST WADAKKANCHERRY, THRISSUR.
3. KARTHYAYANI AMMA, AGED68YEARS W/O.KESAVAN NAIR, CHEMMANGAD VEEDU, ENKAKKAD POST WADAKKANCHERRY, THRISSUR.
4. SARASWATHI, AGED47YEARS D/O.KESAVAN NAIR, CHEMMANGAD VEEDU, ENKAKKAD POST WADAKKANCHERRY, THRISSUR. BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S)/RESPONDENTS/DEFACTO COMPLAINANT AND STATE:-: ---------------------------------------------------------- 1. NISHA, AGED30YEARS D/O.KRISHNA PANICKER, VARAMANGALATH VATTENAD MALA AMSOM, OTTAPALAM, PALAKKAD - 679 101.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031. R2 BY PUBLIC PROSECUTOR SMT.MADHUBEN.M R1 BY ADV. SRI.P.K.MOHANAN(PALAKKAD) THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON1001-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(Crl.).No. 73 of 2013 () APPENDIX PETITIONER'S EXHIBITS ANNEXURE A COPY OF THE C.M.P. NO.801/2011 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI. ANNEXURE B COPY OF THE ORDER
IN M.C.NO.36/2011 DATED0604.2013 BY THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, PATTAMBI. ANNECURE C COPY OF THE ORDER
IN CRL.M.P.NO.1484/2013 OF THE COURT OF SESSION, PALAKKAD DIVISION DATED2806.2013. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE Pn P. UBAID, J.
--------------------------------------- Tr.P. (Crl) NO. 73 of 2013 ---------------------------------------- Dated this the 10th day of January, 2014 ORDER
Petitioners herein seek transfer of C.C. No.693 of 2011 from the Court of the Judicial First Class Magistrate, Pattambi, to some other Court in Palakkad District, on the ground that in an earlier proceeding for maintenance the learned Magistrate has made a finding against him on the allegations of cruelty. The petitioners are being prosecuted under Section 498(A) of the Indian Penal Code. Of course, this Court does not think that the learned Magistrate will make a finding against petitioners in the criminal case just because there is a casual finding in the other proceeding for maintenance. Anyway, this Court cannot ignore the possible apprehension which a common man may have when the Court has made some observation against him in an earlier proceeding. The petitioners request of transfer was disallowed Tr.P. (Crl) NO. 73 of 2013 2 by the learned Sessions Judge, Palakkad. Of course, the earlier finding is regarding acts of domestic violence alleged against the petitioners. Acts of domestic violence will of course involve acts of mental or physical cruelty or harassment. When there is such a finding against the petitioners, their apprehension that the learned Magistrate may find against them in the criminal case cannot be ignored by this Court. This Court feels it appropriate that the case be transferred to some other Court. In the result, this petition is allowed. C.C. No. 693 of 2011 now pending before the Judicial First Class Magistrate Court, Pattambi, is transferred to the Court of Judicial First Class Magistrate-I, Ottappalam. The learned Magistrate will transfer the case records to the Court of learned Magistrate, Ottappalam without any delay, and summons for appearance shall be issued from the Court of the learned Magistrate, Ottappalam. P. UBAID, JUDGE DMR/-