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2008 Supreme(Online)(KER) 37293

HIGH COURT OF KERALA
R.BASANT, J
P SAITHU – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The petitioner is the accused in a prosecution for the offence punishable under Sec.420 of the IPC. The matter is pending before the learned Additional Chief Judicial Magistrate, Ernakulam. While the said prosecution was pending, the petitioner had approached the learned Sessions Judge for an order transferring the case to any other court of competent jurisdiction. The petitioner had complained about the alleged manner of conduct of the case by the learned Magistrate and submitted that he had lost faith in that court.

2. The learned Sessions Judge by Annexure-A order granted the prayer for transfer.

3. The de facto complainant took the matter before this Court and by order dated 24/3/08 in Crl.M.C.No.3826/07 (Annexure-B) the challenge against the order of transfer was turned down by this Court.

4. It is submitted that the de facto complainant, who has got impleaded in this matter as the additional 3rd respondent, has challenged the concurrent orders before the Supreme Court and the Supreme Court is seized of the matter. An order of stay has been passed by the Supreme Court, it is further submitted at the Bar.

5. While the matter rests like that, the learned Additional CJM, Ernakul

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