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T.SAJEEV KUMAR, AGED 27 YEARS v. MALABAR CHIT FUNDS PVT.LTD. - Crl MC No. 4040 of 2006  RD-KL 3659 (19 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 4040 of 2006()
1. T.SAJEEV KUMAR, AGED 27 YEARS,
1. MALABAR CHIT FUNDS PVT.LTD.,
For Petitioner :SRI.KRISHNADAS P. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JCrl.M.C.No.4040 of 2006 & Tr.P.(Crl).No.30 of 2007
Dated this the 19th day of February 2007
O R D E RThese petitions are filed by the complainant (Tr.P.Crl.No.30/2007) and the accused (Crl.M.C.No.4040 of 2006) respectively in C.C.No.798/2002 pending before the Judicial First Class Magistrate Court, Pala. The accused complains that the court at Pala has no territorial jurisdiction and it is the court at Calicut which has jurisdiction to try the cases. The complainant who had filed the complaint before the court at Pala now prays that the case may be transferred to the Court at Calicut.
2. Both the complainant and the accused have now made a joint prayer that the case may be transferred from the court at Pala to the court at Calicut. I am satisfied that the said request made separately by the complainant and the accused can be accepted and transfer can be directed, as prayed for.
3. There is, of course, a prayer by the petitioner/accused in Crl.M.C.No.4040/2006 that the proceedings may be quashed. I Crl.M.C.No.4040/2006 & Tr.P.Crl.No.30/2007 2 find absolutely no reason to justify the said prayer for quashing of proceedings. No grounds have been urged in support of that prayer and the alternative prayer cannot be accepted. The prayer that the case may be transferred to the court at Calicut can be accepted.
4. In the result, these petitions are allowed. C.C.No.798/2002 pending before the Judicial First Class Magistrate Court, Pala is transferred to the Judicial First Class Magistrate Court-I, Calicut. Parties shall appear before the learned Magistrate at Calicut on 26/03/2007 without waiting for any further directions. The court at Pala shall forthwith forward the records to the court at Calicut.
(R.BASANT, JUDGE)jsr Crl.M.C.No.4040/2006 & Tr.P.Crl.No.30/2007 3 Crl.M.C.No.4040/2006 & Tr.P.Crl.No.30/2007 4
ORDER21ST DAY OF JULY 2006
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