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Detective Inspector, vs Benny Thomas

Detective Inspector, vs Benny Thomas

Type Court Judgment Court Kerala Orders Decided Jul 12, 2024
~2 min read
https://sooperkanoon.com/case/1295407

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Tr.P(Crl.)/53/2017

Parties & Advocates

Appellant / Petitioner

Detective Inspector,

Respondent

Benny Thomas

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas friday, the 12th day of july 2024 / 21st ashadha, 1946 tr.p(crl.) no. 53 of 2017 in cc no.351 of 2010 of judicial magistrate of first class -ii, kannur petitioner/complainant: detective inspector, cbcid, kozhikode. by adv public prosecutor respondents/accused: 1 benny thomas s/o thomas thottaplakkan (h), manippara, ulikkal panchayath, kannur-pin-670 705. 2 padmaraj @ pappan, s/o. padmanabhan, unithringatt house, koorkkaparamba, naduvattam, vilayoor panchayath, pattambi taluk, palakkad-679 303. 3 beldev singh, s/o. brijilal, khody village, near chandhatt police station, paval district, hariyana- pin-121 102. by advs. smt.p.sheena rajan smt.m.a.zohra ashi.mc, pp this transfer petition (criminal) having come up for admission on 12.07.2024, the court on the same day delivered the following: bechu kurian thomas, j .......................................... tr.p.(crl) no.53 of 2017 .................................................... dated this the 12th day of july, 2024orderpetitioner seeks transfer of c.c.no.351/2010 on the files of judicial first class of magistrate -ii, kannur to judicial first class magistrate's court, tirur.2. this transfer petition was filed in 2017. till date, noorders have been issued by this court, directing the transfer. however, the learned public prosecutor upon instructions submitted that the case in the trial court is in its final stages. in view of the stage of the trial, i am of the opinion that this is not a fit case for ordering any transfer. accordingly, i find no merit in this transfer petition and it is dismissed. sd/- bechu kurian thomas judge ssg appendix of tr.p(crl.) 53/2017 petitioner's annexures annexure i certified copy of the fir in crime no.27/2004 of kannur city police station. annexure ii certified copy of the order of dismissal in cmp no.4799/13 in cc 351/2010.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946 TR.P(CRL.) NO. 53 OF 2017 IN CC NO.351 OF 2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KANNUR PETITIONER/COMPLAINANT: DETECTIVE INSPECTOR, CBCID, KOZHIKODE. BY ADV PUBLIC PROSECUTOR RESPONDENTS/ACCUSED: 1 BENNY THOMAS S/O THOMAS THOTTAPLAKKAN (H), MANIPPARA, ULIKKAL PANCHAYATH, KANNUR-PIN-670 705. 2 PADMARAJ @ PAPPAN, S/O. PADMANABHAN, UNITHRINGATT HOUSE, KOORKKAPARAMBA, NADUVATTAM, VILAYOOR PANCHAYATH, PATTAMBI TALUK, PALAKKAD-679 303. 3 BELDEV SINGH, S/O. BRIJILAL, KHODY VILLAGE, NEAR CHANDHATT POLICE STATION, PAVAL DISTRICT, HARIYANA- PIN-121 102. BY ADVS. SMT.P.SHEENA RAJAN SMT.M.A.ZOHRA ASHI.MC, PP THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J .......................................... Tr.P.(Crl) No.53 of 2017 .................................................... Dated this the 12th day of July, 2024

ORDER

Petitioner seeks transfer of C.C.No.351/2010 on the files of Judicial First Class of Magistrate -II, Kannur to Judicial First Class Magistrate's Court, Tirur.

2. This Transfer Petition was filed in 2017. Till date, no

orders have been issued by this Court, directing the transfer. However, the learned Public Prosecutor upon instructions submitted that the case in the trial court is in its final stages. In view of the stage of the trial, I am of the opinion that this is not a fit case for ordering any transfer. Accordingly, I find no merit in this Transfer Petition and it is dismissed. Sd/- BECHU KURIAN THOMAS JUDGE SSG APPENDIX OF TR.P(CRL.) 53/2017 PETITIONER'S ANNEXURES ANNEXURE I CERTIFIED COPY OF THE FIR IN CRIME NO.27/2004 OF KANNUR CITY POLICE STATION. ANNEXURE II CERTIFIED COPY OF THE ORDER OF DISMISSAL IN CMP NO.4799/13 IN CC 351/2010.

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