The High Court of Kerala dismissed a transfer petition filed to move a criminal case from one magistrate court to another within the district, holding that the petitioner's failure to serve notice on the respondent indicates a lack of interest in prosecuting the matter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946
TR.P(CRL.) NO. 96 OF 2017
IN CC NO.527 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II,THIRUVANANTHAPURAM
PETITIONER/RESPONDENT:
SUDHEESH KUMAR
S/O SHIVANANDAN,
THOTTATHIL HOUSE,
KALATHUKAL,ARUVIKKARA, THIRUVANANTHAPURAM.
BY ADV SRI.A.CHANDRA BABU
RESPONDENT/PETITIONER:
REJANI
D/O OF REMADEVI,
SREEDHARA VILASOM,
PRAVACHAMBALAM, NEMOM,
NOW RESIDING ATAKSHTA T.C 49/951(2),
VALLAKKADAVU,THIRUVANANTHAPURAM.
BY ADV. NOUSHAD K. A. PUBLIC PROSECUTOR
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 19.07.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
-:2:-
BECHU KURIAN THOMAS, J.
Tr.P.(Crl.) No.96 of 2017
Dated this the 19th day of July, 2024
ORDER
This petition seeks for transfer of C.C.No.527/2015 pending on the files of the Judicial First Class Magistrate Court-II, Thiruvananthapuram, to any other court in Thiruvananthapuram District.
Hence, I dismiss this transfer petition for non-prosecution.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/19.07.24.
1 issue framed by the court
Whether the transfer petition should be dismissed due to lack of prosecution by the petitioner.
SUDHEESH KUMAR
REJANI
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court