Allowed

Sakthan Kuries and Loans Pvt. Ltd. v. State of Kerala

Kerala HC18 Jan 2017Tr.P(Crl.)/32/2014

Case brief

AI extract

What is this about?

This transfer petition was allowed, ordering the transfer of a criminal appeal from the Sessions Court, Thrissur, to the Kerala High Court. The court found it expedient and necessary for the ends of justice to transfer the case to be heard along with another pending appeal involving identical facts and issues.

What did the court decide?

Crl.A 369/2011 pending in the Sessions Court, Thrissur, was transferred to the High Court to be considered along with Crl.A 1629/2011.

Sakthan Kuries and Loans Pvt. Ltd. Vs State of Kerala — Writ and Judicial Review | Kerala HC (2017)

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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 A.M.BABU

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WEDNESDAY, THE 18TH DAY OF JANUARY 2017/28TH POUSHA 1938

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Tr.P(Crl.).No. 32 of 2014 ()

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AGAINST THE ORDER/JUDGMENT IN CRA 369/2011 OF THE SESSIONS COURT,THRISSUR

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PETITIONER(S)/1ST RESPONDENT:-:

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SAKTHAN KURIES AND LOANS PVT. LTD.,

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JAI HIND MARKET ROAD, REPRESENTED BY ITS MANAGING DIRECTOR P.M.PAULSON, S/O.PALIYEKKARA MATHEW, CHIYYARAM VILLAGE, THRISSUR TALUK.

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BY ADVS.SRI.T.KRISHNAN UNNI (SR.) SRI.P.K.MOHANAN(PALAKKAD) SRI.SAJU.S.A SMT.P.A.SHEEJA

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RESPONDENT(S)/RESPONDENTS/2ND RESPONDENT/APPELLANT:-:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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2. E.O.LAWRANCE, S/O.EDAKKALATHUR OUSEPH, WELCOME VILLA, POONKUNNAM, THRISSUR, PIN - 680 002.

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3. NICHOLAS, S/O.UMALIL VARGHESE, KAKKAPPILLY KARAYIL HOUSE, THIRUVANIYOOR, KUNNATHUNADU TALUK, PIN - 682 308.

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R2 BY ADV. SRI.B.RAMAN PILLAI (SR.) R2 BY ADV. SRI.R.ANIL R2 BY ADV. SRI.SUJESH MENON V.B. R2 BY ADV. SRI.T.ANIL KUMAR R1 BY ADV.MAYA.M.N,PUBLIC PROSECUTOR

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THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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TPCR NO.32 OF 2014

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APPENDIX

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PETITIONERS EXHIBITS

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ANNEXURE A-TRUE COPY OF THE APPEAL MEMORANDUM IN CRL.A.NO.369/2011 ON THE FILE OF SESSIONS COURT, THRISSUR

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RESPONDENTS EXHIBITS

NIL

TRUE COPY

SKS P.A TO JUDGE

A.M.BABU, J.

Tr.P(Crl).No.32 of 2014

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Dated 18^th January, 2017

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ORDER

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The petition is filed seeking transfer of an appeal from

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the file of the Sessions Court, Thrissur to this Court.

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Heard the learned counsel for the petitioner, the

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learned counsel for the second respondent and the learned Public Prosecutor.

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There was a case in the Court of the Chief Judicial Magistrate, Thrissur. It was C.C 291/1999. That was a private prosecution. The complainant therein is the petitioner herein and accused 1 and 3 are respectively respondents 2 and 3. C.C 291/1999 was a prosecution against the accused persons alleging commission of offences punishable under Secs 406, 409, 423 and 477A of the IPC read with IPC 34. The learned Chief Judicial Magistrate convicted the first accused (the second

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Tr.P(Crl).No.32 of 2014

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respondent) and acquitted the third accused (the third respondent). The conviction was under Sec.406 of the IPC. The first accused filed Crl.A 369/2011 before the Sessions Court, Thrissur against the conviction. The petitioner appealed against the acquittal of the third accused before this Court. That case is Crl.A 1629/2011.

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In the above fact situation, it is only just and proper to order transfer of the appeal pending in the Sessions Court to this Court. The issues involved in both the appeals are the same. The oral and documentary evidence to be considered are also the same. The only objection of the learned counsel for the second respondent is that his client will lose a forum in case of transfer. That objection is without much force. For, forum is not a vested right. I find that it is necessary and is expedient for the ends of justice to transfer the case pending in the Sessions Court, Thrissur

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Tr.P(Crl).No.32 of 2014

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to this Court.

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In the result, the petition is allowed. Crl.A 369/2011 pending in the Court of Session, Thrissur is transferred to this Court for considering along with Crl.A 1629/2011 pending in this court.

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sks/19.1.2017 A.M.BABU Judge

Sakthan Kuries and Loans Pvt. Ltd. v. State of Kerala

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Sakthan Kuries and Loans Pvt. Ltd. v. State of Kerala

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