Dismissed

Detective Inspector, v. Benny Thomas

Kerala HC12 Jul 2024Tr.P(Crl.)/49/2017

Case brief

AI extract

What is this about?

This was a criminal transfer petition filed in 2017 seeking transfer of files from Kannur to Tirur. The court observed that no transfer orders had been issued previously and that the trial had reached its final stages, thus dismissing the petition.

What did the court decide?

The petition for transfer of files was dismissed as it was found to have no merit given the final stage of the trial.

Detective Inspector, Vs Benny Thomas — Criminal Trial and Appeal | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946

¶5

TR.P(CRL.) NO. 49 OF 2017

¶6

IN C.M.P. No.4800 OF 2013 IN CC NO.546 OF 2010

¶7

PETITIONER/COMPLAINANT:

¶8

DETECTIVE INSPECTOR,
CBCID, KOZHIKODE.
BY ADV PUBLIC PROSECUTOR

¶9

RESPONDENTS/ACCUSED:

¶10

1 BENNY THOMAS, S/O THOMAS, AGED 37/04, THOTTAPLAKKAN(H), MANIPPARA, ULIKKAL PANCHAYATH, KANNUR -PIN670705.

¶11

2 PADMARAJ @ PAPPAN, S/O. PADMANABHAN, UNITHRINGATT HOUSE, KOORKKAPARAMBA, NADUVATTAM, VILAYOOR PANCHAYATH, PATTAMBI TALUK, PALAKKAD-679 309.

¶12

3 BALDEV SINGH, S/O. BRIJILAL, KHODY VILLAGE, NEAR CHANDHATT POLICE STATION, PAVAL DISTRICT, HARIYANANPIN-121 102.

¶13

4 KISHORE, S/O. MOHANAN, MAUBEKKATTU (H), CHEVAYOOR, KOZHIKODE-PIN-673 017.

¶14

BY ADVS.
SMT.P.SHEENA RAJAN
SMT.M.A.ZOHRA

¶15

SMT. SREEJA V (PP)

¶16

THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 12.07.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

¶17

Tr.P(Crl).No.49 of 2017

¶18

¶19

BECHU KURIAN THOMAS, J

¶20

.......................................... Tr.P.(Crl) No.49 of 2017

¶21

.................................................... Dated this the 12^th day of July, 2024

¶22

ORDER

¶23

Petitioner seeks transfer of C.C.No.546/2010 of the files of Judicial First Class of Magistrate -II, Kannur to Judicial First Class Magistrate's Court, Tirur.

¶24

This Transfer Petition was filed in 2017. Till date, no orders have been issued by this Court, directing the transfer. However, the learned Public Prosecutor upon instructions submitted that the case in the trial court is in its final stages.

¶25

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.

¶26

Sd/BECHU KURIAN THOMAS JUDGE

¶27

SSG

¶28

Tr.P(Crl).No.49 of 2017

¶29

¶30

APPENDIX OF TR.P(CRL.) 49/2017

¶31

PETITIONER'S ANNEXURES

¶32

ANNEXURE ICERTIFIED COPY OF THE FIR IN CRIME
NO.28/2004 OF KANNUR CITY POLICE STATION.

¶33

ANNEXURE IICERTIFIED COPY OF THE ORDER OF DISMISSAL
IN CMP NO.4800/13 IN CC 546/2010.

Detective Inspector, v. Benny Thomas

Case brief

What is this about?

What did the court decide?

Detective Inspector, v. Benny Thomas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Fr. Antony Chillittassery Vs State of Kerala

Sulaiman Vs Mohamed Naufal

Fr. Johnson Jose Kakkattu Vs State of Kerala

Dr.Swathi V.S Vs Dr.Anuraj K.A

Crime Branch Crime Investigation Department (Cbcid) Vs Benny Thomas

Detective Inspector, Vs Benny Thomas