The High Court of Kerala dismissed a transfer petition seeking to move a criminal case from Kochi to Alappuzha, citing non-prosecution and a five-year lapse since records were called for. The court observed notices were never served, indicating lack of interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946
TR.P(CRL.) NO. 111 OF 2018
CC NO.1326 OF 2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,
KOCHI
PETITIONER/ DEFACTO COMPLAINANT :
MURALEEDHARAN PILLAI
AGED 44 YEARS, S/O. RAGHAVAN PILLAI, NOW RESIDING AT NAVANEETHAM VEEDU, KRISHNAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT
BY ADVS. M.V.THAMBAN R.REJI THARA THAMBAN B.BIPIN ARUN BOSE
RESPONDENT/ STATE & ACCUSED 1 & 2 :
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, KOCHI KAZBA POLICE STATION, KOCHI, ERNAKULAM DISTRICT - 682 018
2 UNNI, AGED 58 YEARS, S/O.LATE APPU, VELIPARAMBIL VEEDU, PALLURUTHI KARA, RAMESWARAM VILLAGE, KOCHI, ERNAKULAM DISTRICT, PIN-682 002.
3 RAJAMMA, AGED 84 YEARS, W/O.LATE APPU, VELIPARAMBIL VEEDU, PALLURUTHI KARA, RAMESWARAM VILLAGE, KOCHI, ERNAKULAM DISTRICT, PIN-682 002.
TR.P(CRL.) NO. 111 OF 2018
2
SRI. ASHI M.C., PUBLIC PROSECUTOR
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(CRL.) NO. 111 OF 2018
3
BECHU KURIAN THOMAS, J.
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Tr.P.(Crl.) No.111 of 2018
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Dated this the 24th day of July, 2024
ORDER
This transfer petition is filed seeking to transfer C.C.No.1326 of 2011 on the files of the Judicial First Class Magistrate's Court-II, Kochi to the Judicial First Class Magistrate's Court, Kayamkulam.
than five years, the case was never brought up.
Accordingly, this transfer petition is dismissed for non-prosecution.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
1 issue framed by the court
Whether this transfer petition for transfer of a criminal case should be allowed despite the long delay in prosecution.
Murali Pallan
State of Kerala
Unni
Rajamma
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
