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2025 Supreme(Online)(KER) 11498

HIGH COURT OF KERALA
MUHAMMED @ MUHAMMEDALI – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Dated this the 11th day of February, 2025 [Crl.MC Nos.6946/2024 & 6950/2024]

Petitioner is the complainant in S.T. Nos.484 and

485 of 2018 pending on the files of the Judicial First Class Magistrate Court, Mannarkad. The challenge in these Criminal Miscellaneous Cases is against Annexure A4 order by which the Chief Judicial Magistrate, Palakkad, made over the cases to the Judicial First Class Magistrate Court-I, Palakkad for trial and disposal, by exercising the power under Section 410 of Cr.P.C. The reason for making over the cases is an apprehension expressed by the 2nd respondent/accused that he will be put to harm by the petitioner, if compelled to appear before the Judicial First Class Magistrate Court, Mannarkad. The apprehension is based on an incident in which the 2nd respondent was allegedly intimidated by the petitioner and his counsel.

2. Learned Counsel for the petitioner submitted that no such incident as alleged had occurred and the Chief Judicial Magistrate grossly erred in making over the cases to the Judicial First Class Magistrate Court, Mannarkad, without the 2nd respondent producing an iota of proof in substantiation of the allegation. Moreover, if such an inc

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