CBCID sought transfer of a pending criminal case from Kannur to Palakkad. As the trial was in its final stages and the 2017 transfer petition had remained unadjudicated, the court found no merit in ordering a transfer and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946
TR.P(CRL.)NO. 48 OF 2017
IN C.M.P. No.4804 OF 22013 IN CC NO.98
PETITIONER/COMPLAINANT:
DETECTIVE INSPECTOR,
CBCID, KOZHIKODE.
BY ADV PUBLIC PROSECUTOR
RESPONDENTS/ACCUSSED:
1 BENNY THOMAS,S/O.THOMAS, AGED 37/04, THOTTPLAKKAN(H),
MANIPPARA, ULIKKAL PANCHAYATH, KANNUR -
PIN-670 705.
2 SURESH, S/O. THANKAPPAN, AGED 35, MALYAIL (H), CHOOLANNUR, PALAKKAD-679 309.3 BALDEV SINGH, S/O. BRIJILAL, AGED 40, KHODY VILLAGE, NEAR CHANDHATT POLICE STATION, PAVAL DISTRICT, HARIYANA-PIN-121 102. BY ADV. SREEJA.V, PPTHIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 12.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Tr.P(Crl).No.48 of 2017
2
BECHU KURIAN THOMAS, J
.......................................... Tr.P.(Crl) No.48 of 2017
.................................................... Dated this the 12th day of July, 2024
ORDER
Petitioner seeks transfer of C.C.No.98/2010 on the files of Judicial First Class of Magistrate -II, Kannur to Judicial First Class of Magistrate-III, Palakkad.
In view of the stage of the trial, I am of the opinion that this is not a fit case for ordering any transfer. Accordingly, I find no merit in this Transfer Petition and it is dismissed.
Sd/BECHU KURIAN THOMAS JUDGE
SSG
Tr.P(Crl).No.48 of 2017
3
APPENDIX OF TR.P(CRL.) 48/2017
PETITIONER'S ANNEXURES
ANNEXURE ICERTIFIED COPY OF THE FIR IN CRIME
NO.29/2004.
ANNEXURE IITRUE COPY OF THE ORDER OF DISMISSAL IN
CMP NO.4804/13 IN CC 98/2010.
1 issue framed by the court
Whether C.C.No.98/2010 should be transferred from Kannur to Palakkad given that the trial is in its final stages.
Detective Inspector, CBCID, Kozhikode
Benny Thomas
Suresh
Baldev Singh
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court