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1981 Supreme(Ker) 188

P.JANAKI AMMA
Krishna Panicker – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The petitioners herein are respondents in M.P. No. 1 of 1980 before the court of the Sub-Divisional Magistrate, Kasaragod, a proceeding initiated under S. 133 of the Code of Criminal Procedure. While the proceedings were pending the petitioners moved the District Magistrate, Cananore, for a transfer of the case from the Court of the Sub-Divisional Magistrate, Kasaragod, to some other court. The ground mentioned for transfer was that the Sub-Divisional Magistrate, Kasaragod, is the son-in-law of one Mammu Haji, who, according to the petitioners, is backing the 4th respondent (the petitioner in M.P. No. 1 of 1980) and is assisting him in the conduct of the case. The District Magistrate dismissed the petition stating that Mammu Haji, the father-in-law of the Sub-Divisional Magistrate was not the counsel for the petitioner in the proceeding before the Sub-Divisional Magistrate and that he did not expect any miscarriage of justice merely because one of the parties was known to the father-in-law of the presiding officer. In the present petition filed under Sections 407 and 482 of the Code of Criminal Procedure the petitioners reiterate their contention and pray for a transfer







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