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PANKAJAKSHAN, AGED 51 YEARS versus MURALEEDHARAN, AGED 41 YEARS

High Court of Kerala

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PANKAJAKSHAN, AGED 51 YEARS v. MURALEEDHARAN, AGED 41 YEARS - Tr P(Crl) No. 53 of 2007 [2007] RD-KL 13021 (13 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr P(Crl) No. 53 of 2007()

1. PANKAJAKSHAN, AGED 51 YEARS,
... Petitioner

Vs

1. MURALEEDHARAN, AGED 41 YEARS,
... Respondent

2. SASI, KURUNCHERI HOUSE,

3. SANKARAN NAIR, MURALI NIVAS,

4. DASAN, S/O.NARAYANAN NAIR,

5. THE STATE, REPRESENTED BY THE

For Petitioner :SRI.GRASHIOUS KURIAKOSE

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :13/07/2007

O R D E R

R.BASANT, J

T.P(Cr).No.53 of 2007

Dated this the 13th day of July, 2007

ORDER

Application for transfer. The petitioner against whom, the learned Chief Judicial Magistrate in some other cases has rendered adverse decisions, apprehends that the present case in which he is a party may also be decided adversely and against him by the learned Chief Judicial Magistrate. He therefore prays for a transfer. He had earlier moved the learned Sessions Judge and I find by Annexure-VI detailed order, the learned Sessions Judge had considered the prayer for transfer threadbare and has come to the conclusion that there is absolutely no justification in the prayer for transfer.

2. The request for transfer is repeated before me. I have heard the learned counsel for the petitioner. I totally concur with the conclusion of the learned Sessions Judge. I find the apprehension of the petitioner and the consequent prayer for transfer to be totally unjustified. The mere fact that a judicial officer - (a fairly senior judicial officer, a Chief Judicial Magistrate in this case) has taken certain decisions adverse to the petitioner in other matters on the basis of the evidence available in such matters is certainly no reason for any litigant to entertain a reasonable apprehension that the next case will also be decided against him. I am not at all persuaded in these circumstances to allow this transfer petition. T.P(Cr).No.53 of 2007 2

3. This transfer petition is, in these circumstances, dismissed.

(R.BASANT, JUDGE)

rtr/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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