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2023 Supreme(Online)(KER) 14404

HIGH COURT OF KERALA
C.S. DIAS, J
M.K.THOMAS @ MANTHURUTHIL KURUVILA THOMAS – Appellant
Versus
MRS.BINU KURIAKOSE – Respondent


Advocates:
M.V.S.NAMPOOTHIRY, ASWATHY BOSE, DEVIKA. R. KRISHNA

ORDER

The transfer petition is filed under Section 407 of the Code of Criminal Procedure,1973 ( in short, 'Code' ) to transfer C.C.No.225/2017(Annexure-A1) from the Judicial First Class Magistrate Court-III, Ernakulam, to the Judicial First Class Magistrate Court (N.I. Cases), Kochi, before which court C.C. No.2205/2017 (Annexure A-2) is pending.

2. The petitioner has averred in the memorandum of transfer petition that, he is the accused in Annexures-A1 and A2 complaints filed by the first respondent before the above two courts. The parties in the two complaints are the same and the cause of action to file the complaints arise out of the same transaction. Therefore, it is just and expedient that the two cases be consolidated and jointly tried by the same court, which would avoid conflict of decisions, multiplicity of proceedings and save precious judicial time. Hence, the transfer petition.

3. Heard; Sri.M.V.S Namputhiri, the learned counsel appearing for the petitioner, on admission. 4. The transfer petition was filed on 07.05.2021.

This Court ordered notice before admission to the first respondent and directed further proceedings in Annexure-A1 complaint to be stayed for a month.

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