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T.K.ABDU RAHIMAN versus STATE

High Court of Kerala

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T.K.ABDU RAHIMAN v. STATE - Tr P(Crl) No. 34 of 2007 [2007] RD-KL 4287 (26 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr P(Crl) No. 34 of 2007()

1. T.K.ABDU RAHIMAN
... Petitioner

Vs

1. STATE
... Respondent

For Petitioner :SRI.BABU S. NAIR

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :26/02/2007

O R D E R

R.BASANT, J

Tr.P(Crl).No.34 of 2007

Dated this the 26th day of February, 2007

ORDER

The petitioner is an advocate who faces allegations, inter alia, under Section 447 I.P.C in a criminal case, in which cognizance was taken on the basis of a final report submitted by the police. The petitioner wanted the case to be transferred to any court other than the courts at Manjeri. The learned Sessions Judge by Annexure-A order rejected the application showing reasons. Later, the learned Sessions Judge observed that the petitioner-advocate was found practising before that court only during the trial of the case in question. It is, in these circumstances, that the learned Sessions Judge proceeded to reject the prayer for transfer. Of course, it was also noted that the prayer for transfer had already been dismissed by the learned Chief Judicial Magistrate. That may not ip so facto be a valid reason for rejection of an application for transfer. But evidently the learned Sessions Judge had not refused to consider the prayer for transfer on merits of that ground. There was only an incidental reference to that event also which had taken place prior to the impugned order.

2. The learned counsel for the petitioner fairly submits that trial has already commenced and some witnesses have already been Tr.P(Crl).No.34 of 2007 2 examined. I am not satisfied, in the facts and circumstances of this case, that any transfer should be directed at this stage of the proceedings.

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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