Allowed

Satheesan v. State of Kerala

Kerala HC9 Sept 2016Tr.P(Crl.)/6/2016

Case brief

AI extract

What is this about?

Transfer Petition (Criminal) filed by five accused persons challenging the trial before the VI Additional Sessions Court, Kollam, on allegations against the judge's modus operandi. The Court found the allegations insufficient for judicial transfer.

What did the court decide?

The Transfer Petition is allowed and the case is transferred to the I Additional Sessions Court, Kollam, for continued trial.

Satheesan Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938

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Tr.P(Crl.).No. 6 of 2016 ()

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AGAINST THE ORDER/JUDGMENT IN SC 1106/2009 of VI ADDL. SESSIONS COURT, KOLLAM

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PETITIONER(S)/ACCUSED 2 TO 5:

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SATHEESAN, AGED 38 YEARS S/O.DEVADASAN PILLAI, KANAKADAS HOUSE, POOTHATHALAM VILLAGE, KOLLAM.

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RAJESH, AGED 33 YEARS S/O.PUSHKARAN, LAKSHAMVEEDU COLONY, EZHIPURAM CHERRY, PARIPALLY VILLAGE, KOLLAM DISTRICT.

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RAJESH, AGED 33 YEARS S/O.NATESAN, PUTHENVEEDU, EZHIPURAM CHERRY, PARIPALLY VILLAGE, KOLLAM DISTRICT.

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SAJITH S/O.SEENA, SIMNA MANDHIRAM, KALLIDANCHIYIL, NEAR GURU NAGAPPAN KAVU, EZHIPURAM CHERRY, PARIPALLY VILLAGE.

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BY ADV. SRI.C.P.UDAYABHANU

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R BY SR. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE-A1 TRUE COPY OF THE FINAL REPORT ON THE FILES OF THE JFCM, PARAVUR

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// True Copy //

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PA to Judge

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B. KEMAL PASHA, J.

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Tr.P.(Crl.) No.6 of 2016

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Dated this the 9^th day of September, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioners, who are A2 to A5 in S.C.

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No.1106/2009 of the VI^th Additional Sessions Court, Kollam, are seeking the transfer of the case to any other Additional

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Sessions Court at Kollam or the Sessions Court, Kollam. It seems that several reasons have been pointed out by the petitioners to justify that it is just and convenient in the interest of justice to transfer the case to another Additional Sessions Court or the Sessions Court, at Kollam. Several allegations have been raised with regard to the modus operandi adopted by the learned Additional Sessions Judge in conducting the trial.

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On going through the allegations and averments in the Tr.P.(Crl.), this Court felt it necessary to call for the remarks of the learned Additional Sessions Judge.

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Tr.P.(Crl.).6/2016

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: 2 :

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Consequently, the remarks have been called for. It is pertinent to note the contents of the remarks received.

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Nothing has been stated by the learned Additional Sessions Judge with regard to any of the allegations and averments in the Transfer Petition.

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On hearing the learned counsel for the petitioners and the learned Public Prosecutor and on perusing the so-called remarks offered by the learned Additional Sessions Judge, this Court is satisfied that it is just and convenient in the interest of justice to transfer the said case to the I^st Additional Sessions Court, Kollam.

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In the result, this Tr.P.(Crl.) is allowed and S.C. No.1106/2009 of the VI^th Additional Sessions Court, Kollam

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is ordered to be transferred to the I^st Additional Sessions Court, Kollam, for the continued trial and disposal.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/09/09

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// True Copy // PA to Judge

Satheesan v. State of Kerala

Case brief

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What did the court decide?

Satheesan v. State of Kerala

Case brief

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What did the court decide?

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