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2024 Supreme(Online)(Ker) 73144

IN THE HIGH COURT OF KERALA AT ERNAKULAM
NIAZ. S – Appellant
Versus
RAJU – Respondent
Tr.P(Crl.) 49/2024



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 TR.P(CRL.) NO. 46 OF 2024 IN ST NO.1084 OF 2021 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONER/ACCUSED:

NIAZ S., AGED 51 YEARS, S/O. SALIM , RESIDING AT SREEBHADRA NAGAR- 166 A, ULIYACOIL, KOLLAM., PIN – 691019 BY ADV SRI.K.VIJAYAN RESPONDENTS/COMPLAINANT/STATE:

1 RAJU, S/O.LOOKOSE, AGED 48 YEARS, RESIDING AT THADATHIL VEEDU, MULAVANA P.O, PERAYAM, KOLLAM., PIN – 691503

2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 BY ADV.

SRI.G.SUDHEER, PP, R2 THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH Tr.P(Crl.).47/2024, 49/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 TR.P(CRL.) NO. 47 OF 2024 IN ST NO.1083 OF 2021 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS - I, KOLLAM PETITIONER/ACCUSED:

NIAZ S. , AGED 51 YEARS, S/O. SALIM , RESIDING AT SREEBHADRA NAGAR- 166 A, ULIYACOIL , KOLLAM., PIN – 691019 BY ADV SRI.K.VIJAYAN RESPONDENTS/COMPLAINANT/ & STATE:

1 RAJU, AGED 48 YEARS, S/O.LOOKOSE, RESIDING AT THADATHIL VEEDU, MULAVANA P.O, PERAYAM, KOLLAM., PIN – 691503

2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 BY ADV.

SRI.G.SUDHEER, PP, R2 THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH Tr.P(Crl.).46/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 TR.P(CRL.) NO. 49 OF 2024 IN ST NO.68 OF 2024 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONER/ACCUSED:

NIAZ S., AGED 51 YEARS, S/O. SALIM, RESIDING AT SREEBHADRA NAGAR- 166 A, ULIYACOIL , KOLLAM., PIN – 691019 BY ADV SRI.K.VIJAYAN RESPONDENTS/COMPLAINANT AND STATE:

1 RAJU, AGED 48 YEARS, S/O.LOOKOSE, RESIDING AT THADATHIL VEEDU, MULAVANA P.O, PERAYAM, KOLLAM., PIN – 691503 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 BY ADV.

SRI.G.SUDHEER, PP, R2 THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH Tr.P(Crl.).46/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.BABU, J.

-------------------------------------------

Tr.P.(Crl) Nos. 46, 47 & 49 of 2024 ---------------------------------------------

Dated this the 10th day of June, 2024

COMMON ORDER

The petitioner is the accused in S.T.Nos.1083 & 1084 of 2021 and S.T.No.65 of 2024 on the file of Judicial First Class Magistrate Court-I, Kollam. He is alleged to have committed the offence punishable under Section 138 of Negotiable Instruments Act. 2. The petitioner who is a Public Prosecutor for the Southern Railway, Thiruvananthapuram Division, seeks transfer of these cases to the Judicial First Class Magistrate Court, Adoor, on the ground that, he appears before the different Courts in Kollam and Thiruvananthapuram Districts. Notice was served on the complainant. He failed to appear.

3. It is submitted from the Bar that, no offences under the Railways Act are considered in the Gramanyayalaya Perinad in Kollam District, Moreover, the complainant is also residing in Kollam District. The transfer of these cases to the Gramanyayalaya Perinad, will not cause any prejudice to both the parties.

4. Therefore, these Transfer Petitions are allowed.

S.T.Nos.1083 & 1084 of 2021 and S.T.No.65 of 2024 on file of the Judicial First Class Magistrate Court-I, Kollam, are transferred to Gramanyayalaya Perinad. The parties are directed to appear before the Gramanyayalaya Perinad, on 30.07.2024.

If the complainant fails to appear on the date scheduled, the Gramanyayalaya Perinad, shall serve notice to him.

Sd/-

K.BABU JUDGE VPK “ The S.T.No.65 of 2024”

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