Dismissed

Reeja R Rajan v. Yasar Latheef

Kerala HC22 Mar 2019Tr.P(Crl.)/160/2018

Case brief

AI extract

What is this about?

In a criminal transfer petition, the Kerala High Court addressed the petitioner's plea for transferring criminal proceedings from Kayamkulam to Adoor due to safety concerns. Balancing the petitioner's alleged safety fears against the respondent's practical difficulties and the pendency of a related Family Court case at Mavelikkara, the court ordered the transfer to Judicial First Class Magistrate

What did the court decide?

Transferred M.C. No. 169 of 2017 from Kayamkulam to Judicial First Class Magistrate Mavelikkara; dismissed request for transfer to Adoor.

Reeja R Rajan Vs Yasar Latheef — Civil Procedure and Limitation | Kerala HC (2019)

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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 T.V.ANILKUMAR

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FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941

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Tr.P(Crl.).No. 160 of 2018

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AGAINST THE ORDER/JUDGMENT IN MC 169/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM

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PETITIONER:

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REEJA R RAJAN AGED 29 YEARS D/O.S.RAJAN, MUKALUVILAYIL VEEDU, CHUNAKKARA THEKKUM MURI, CHUNAKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA

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BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

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RESPONDENTS:

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1 YASAR LATHEEF AGED 31 YEARS, S/O.M.ABDUL LATHEEF, ANUGRAHA VEEDU,CHERAVALLY MURI, KAYAMKULAM MUNICIPALITY, KAYAMKULAM VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA-688 012

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2 RAFEEKKA W/O.M.ABDUL LATHEEF, ANUGRAHA VEEDU, CHERVALLY MURI, KAYAMKULAM MUNICIPALITY, KAYAMKULAM VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA-688 012

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3 FATHIMA D/O. RAFEEKKA, ANUGRAHA VEEDU, CHERVALLY MURI, KAYAMKULAM MUNICIPALITY, KAYAMKULAM VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA-688 012

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BY ADVS. SRI.T.ASAF ALI SMT.LALIZA.T.Y.

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THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(Crl.).No. 160 of 2018 2

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ORDER

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The petitioner in M.C. No.169 of 2017, pending on the file of Judicial First Class Magistrate Court Kayamkulam seeks the proceedings to be transferred to Judicial First Class Magistrate Court Adoor, on the allegation that if the enquiry in the proceedings happen to be held in Judicial First Class Magistrate Court Kayamkulam, her life will be put to danger.

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The respondents filed a counter, denying the allegations of apprehension expressed by the petitioner and said that the ground found out for transfer is absolutely without any foundation. While the matter was being heard, it was brought to my notice that at the instance of the 3^rd respondent, the mother-in-law, O.P. No. 1321 of 2017 is being prosecuted before the Family Court, Mavelikkara.

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The learned counsel for the respondents submitted that the petitioner being a resident of Charummood, which is within the jurisdictional limits of the Courts at Mavelikkara, there is no justification for the petitioner in asking for a transfer to Judicial First Class Magistrate Court Adoor.

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After having heard both sides, and perusing the materials before me, I am of the opinion that the request for transferring the case to Judicial First Class Magistrate Court Adoor is without any

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Tr.P(Crl.).No. 160 of 2018 3

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justification. The learned counsel for the respondents submitted that equally there is no justification for asking for transfer of the case to Judicial First Class Magistrate Court Mavelikkara also, as the 1^st respondent has to take care of his ailing father, who is laid up due to Parkinson. But taking into account of the fact that at the instance of 1^st respondent herein, a litigation is pending before the Family Court, Mavelikkara, no inconvenience to the respondents could be presumed, if the M.C. No. 167 of 2017 is ordered to be transferred to Judicial First Class Magistrate Mavelikkara.

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On a consideration of the entire materials on record, the convenience of the petitioner and also taking into account the litigation that is pending before Judicial First Class Magistrate Mavelikkara, I am of the opinion that it is only legitimate if M.C. No.169 of 2017 is ordered to be transferred to the Judicial First Class Magistrate Mavelikkara. At the same time, the petitioner's request to transfer the case to Judicial First Class Magistrate Court Adoor, requires only to be declined.

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In the result, Tr.P. (Crl) No. 160 of 2018 is dismissed. But, however, in the interest of justice, I order M.C. No. 169 of 2017 to be transferred to Judicial First Class Magistrate Mavelikkara, having territorial jurisdiction over the place called Charummood, where the petitioner is allegedly residing. There shall be a direction to Judicial

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Tr.P(Crl.).No. 160 of 2018 4

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First Class Magistrate Court Kayamkulam, to forward all the case records to the concerned Judicial First Class Magistrate Mavelikkara having jurisdiction over the aforesaid area within a period of two weeks from the date of receipt of a ceritfied copy of this judgment.

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The concerned Judicial First Class Magistrate Mavelikkara on the receipt of the records shall issue summons to all the parties to appear before it and proceed to decide the proceedings in accordance with law as expeditiously as possible at any rate before the end of July 2019.

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Sd/T.V.ANILKUMAR JUDGE

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sru

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Tr.P(Crl.).No. 160 of 2018 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1 TRUE COPY OF THE PETITION IN M.C.NO.169/2017 ON THE FILE OF THE JFMC KAYAMKULAM. ANNEXURE-A2 TRUE COPY OF THE PETITION IN O.P NO.1321/2017 PENDING BEFORE THE FAMILY COURT, MAVELIKKARA.

Reeja R Rajan v. Yasar Latheef

Case brief

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Reeja R Rajan v. Yasar Latheef

Case brief

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