Allowed

Bijy Pushpan v. State of Kerala

Kerala HC29 Jun 2022Tr.P(Crl.)/31/2022

Case brief

AI extract

What is this about?

Personal Transfer Petition allowing transfer of a theft trial from the Judicial First Class Magistrate Court, Ranni, to the Chief Judicial Magistrate Court, Pathanamthitta, where the judge previously examined 225 prosecution witnesses.

What did the court decide?

Transfer of CC No.990/2013 from Judicial First Class Magistrate Court, Ranni, to Chief Judicial Magistrate Court, Pathanamthitta for completion of trial.

Bijy Pushpan Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2022)

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944

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TR.P(CRL.) NO. 31 OF 2022

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CRIME NO.638/2011 OF Pandalam Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT IN CC 990/2013 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,RANNI

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PETITIONER:

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BIJY PUSHPAN
W/O. CHANDRABABU, AGED 55 YEARS
PULARI, PULLIKKANAKKU.P.O, KAYAMKULAM,
NOW WORKING AS THE SECRETARY OF MEZHUVELI SERVICE CO-
OPERATIVE BANK LTD NO. 2570,
MEZHUVELI, PATHANAMTHITTA.

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BY ADVS.
C.S.MANILAL
S.NIDHEESH

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RESPONDENTS:

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STATE OF KERALA
REPRESENETED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682031

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SRI.C.S.HRITHWIK – SR.PP

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THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(CRL.) NO. 31 OF 2022

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ORDER

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The petitioner is the defacto complainant in Crime No.638/2011 of Panthalam Police Station, Pathanamthitta, which is now pending a CC No.990/2013 before the Judicial First Class Magistrate Court, Ranni.

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The aforesaid case was registered in connection with a theft of 501 sovereigns of gold from the locker of the bank and also as to the theft of currency of Rs.3,78,504/-. Final report was submitted in this case, by the police after investigation, in which altogether 256 witnesses were cited by the prosecution. The cognizance was taken by the Judicial First Class Magistrate Court, Ranni and the trial commenced, during which, 225 witnesses were already examined by the court. At that juncture, the Presiding Officer in whose presence the witnesses were examined got promoted and transferred as Chief Judicial Magistrate, Pathanamthitta. The prayer sought for the by the petitioner is that, as 225 witnesses out of 256 witnesses cited by the prosecution were already examined in the presence of the present Chief

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TR.P(CRL.) NO. 31 OF 2022

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Judicial Magistrate, Pathanamthitta, while he was the Judicial First Class Magistrate Court, Ranni, the further proceedings be transferred to the CJM Court, Pathanamthitta. It was pointed out that, since the evidence contains voluminous records, it may cause practical difficulties for the present Presiding Officer in Judicial First Class Magistrate Court, Ranni to continue the trial. This transfer petition was submitted in such circumstances.

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Heard Sri.C.S.Manilal, learned counsel for the petitioner and Sri.Hrithwik, learned Public Prosecutor for the state.

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When the transfer petition came up for consideration, a report was called for from the present Chief Judicial Magistrate, Pathanamthitta as to his willingness to take up the trial of the said case and complete the same. In response to the same, a report dated 24.06.2022 was placed on record wherein the learned Chief Judicial Magistrate, Pathanamthitta has expressed his willingness and stated that he shall take all earnest efforts to dispose of the same without any delay.

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Considering the facts and circumstances, I am of the view that this Transfer Petition can be allowed. Since most of the

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TR.P(CRL.) NO. 31 OF 2022

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evidence was recorded in the presence of the Presiding Officer, who is now the Chief Judicial Magistrate, Pathanamthitta, it is only proper that the further trial of the said case is conducted before that court.

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In such circumstances, the Transfer Petition is disposed of transferring CC No.990/2013 pending before the Judicial First Class Magistrate Court, Ranni, to the Chief Judicial Magistrate Court, Pathanamthitta, who shall take up the same and complete the trial.

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Sd/-

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ZIYAD RAHMAN A.A.

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JUDGE

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nak

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TR.P(CRL.) NO. 31 OF 2022

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APPENDIX OF TR.P(CRL.) 31/2022

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PETITIONER ANNEXURES

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Annexure1COPY OF THE ORDER DATED 4.7.2013 IN
O.P(CRL) 4183/12
Annexure2TRUE COPY OF THE ORDER DATED 13.8.2013 IN
CRL.M.P 2808/13 OF CHIEF JUDICIAL
MAGISTRATE, PATHANAMTHITTA

Bijy Pushpan v. State of Kerala

Case brief

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Bijy Pushpan v. State of Kerala

Case brief

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