Allowed

C.U.Mohammed Kunju v. State of Kerala

Kerala HC7 Aug 2020Tr.P(Crl.)/1/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, Ernakulam allowed a criminal transfer petition. The petitioner, an aged heart patient residing in Moovattupuzha, sought transfer of his trial from Kozhikode to Moovattupuzha. Considering his health and witness locations, the transfer was permitted.

What did the court decide?

Transfer of CC.No.41/2008 from Special Judge, Kozhikode to Special Judge, Moovattupuzha; transmission of files.

C.U.Mohammed Kunju Vs State of Kerala — Kerala HC (2020) — LawSathi Research

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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 SUNIL THOMAS

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FRIDAY, THE 07TH DAY OF AUGUST 2020 / 16TH SRAVANA, 1942

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Tr.P(Crl.).No.1 OF 2019

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(CC.NO.41/2008 ON THE FILE OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE)

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PETITIONER/ACCUSED:

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C.U.MOHAMMED KUNJU AGED 70 YEARS S/O. LATE UMMAR, CHERUKAPPILLIYIL HOUSE, KAVUNKARA, MOOVATTUPUZHA, ERNAKULAM

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BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE SRI.K.ANAND (A-1921)

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI 682031 (VC NO.1 /2004/SCK SPECIAL CELL, VACB, KOZHIKODE

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PP SMT.K.B SONY

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THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(Crl.).No.1 OF 2019

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O R D E R

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The petitioner stands arrayed as the sole accused in

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CC.No.41/2008 pending before the Enquiry Commissioner and Special Judge, Kozhikode.

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According to the petitioner, he is aged 70 years

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and a chronic heart patient. He has undergone an open heart surgery and still undergoing treatment at Lakeshore Hospital, Ernakulam, evidenced by Annexure-I, discharge summary. The petitioner is now residing at Moovattupuzha. According to the petitioner, due to his old age and also ailments consequent to the heart surgery, he is unable to travel frequently from Moovattupuzha to Kozhikode. It is contended that several prosecution witnesses are from places other than Kozhikode. Hence, the petitioner sought for transfer of the case from the Court of Enquiry Commissioner and Special Judge, Kozhikode to the Court of Enquiry Commissioner and Special Judge, Moovattupuzha.

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Tr.P(Crl.).No.1 OF 2019

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Heard the learned counsel for the petitioner

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and learned Special Government Pleader, who opposed the application.

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It appears that the petitioner is an aged person and now residing at Moovattupuzha. It is also on record that he has undergone heart surgery. The memorandum of witnesses filed by the prosecution, which was placed before me at the time of hearing shows that CW6 to CW11 are the police officers, who were in VACB, Kozhikode during the relevant time. Evidently, they must have been transferred to various other places after the filing of the charge sheet. CW1 to CW4 are persons belonging to Ernakulam District. Having considered the fact that CW5 to CW11 are official witnesses, I do not feel that any inconvenience will be caused to the witnesses if the case is transferred from the Court of Enquiry Commissioner and Special Judge, Kozhikode to the Court of Enquiry Commissioner and Special Judge, Moovattupuzha.

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Having considered the above facts, I am

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Tr.P(Crl.).No.1 OF 2019

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satisfied that, interest of justice demands transfer of the case from the Court of Enquiry Commissioner and Special Judge, Kozhikode to the Court of Enquiry Commissioner and Special Judge, Moovattupuzha. Hence, Tr.P.(Crl) is allowed as follows:

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CC.No.41/2008 pending before the Court of Enquiry Commissioner and Special Judge, Kozhikode stands transferred to the Court of Enquiry Commissioner and Special Judge, Moovattupuzha.

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The Court of Enquiry Commissioner and Special Judge, Kozhikode shall transmit the entire files of CC.No.41/2008 to the Court of Enquiry Commissioner and Special Judge, Moovattupuzha.

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Both sides shall appear before the Court of Enquiry Commissioner and Special Judge, Moovattupuzha on 16.09.2020. It is made clear that since the petitioner has already appeared before the Court of Enquiry Commissioner and Special Judge, Kozhikode, he shall appear through counsel on 16.09.2020. The Court of Enquiry Commissioner and

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Tr.P(Crl.).No.1 OF 2019

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Special Judge, Moovattupuzha shall consider the exemption of the petitioner from personal appearance if any application is filed.

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Tr.P.(Crl) is allowed.

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Sd/- SUNIL THOMAS, JUDGE

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R.AV

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Tr.P(Crl.).No.1 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM LAKESHORE HOSPITAL, ERNAKULAM

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ANNEXURE II TRUE COPY OF THE CHARGE FRAMED BY THE COURT

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RESPONDENT'S/S EXHIBITS NIL

C.U.Mohammed Kunju v. State of Kerala

Case brief

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C.U.Mohammed Kunju v. State of Kerala

Case brief

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