IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
TR.P(CRL.) NO. 43 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 99/2013 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - III, MANJERI / III ADDITIONAL MACT,
MANJERI
PETITIONER/COMPLAINANT :-
STATE OF KERALA
REPRESENTED BY ADDL PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
BY ADVS.
DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
RESPONDENTS/ACCUSED 1 TO 18, 20 & 21 :-
1 KARUVANGADAN MUKHTHAR @ MUTHU
AGED 38 YEARS
S/O. UMMERHAJJI, CHEMBRAKATTUR,
AREEKODE, MALAPPURAM 673 639
2 RASHID @ VAVA
S/O. UMMER, KOZHISSERIKUNNATH HOUSE,
KEEZHUPARAMBA AMSOM, KUNIYIL 673 639
3 RASHEED @ SUDANI RASHEED
S/O.ABDUL HAMEED, AGED 31,
MUNDASSERI HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
4 CHOLAYIL UMMER
S/O. IBRAHIM, AGED 43,
THAZHATHEYIL HOUSE,
KEEZHIPARAMBA AMSOM, KUNIYIL 673 639
5 MUHAMMED SHAREEF @ CHERRI
S/O. MARAKKARUKUTTY, AGED 41,
VILATHOTU HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
6 KURUMADAN ABDUL ALI
S/O. MUHAMMED , MADATHIL HOUSE,
TR.P(CRL.) NO. 43 OF 2021
-:2:-
KEEZHUPARAMBA AMSOM, KUNIYIL 673 639
7 FADALU RAHMAN
S/O. ABDULLA, AGED 29,
ERUMANKUNNATH HOUSE,
KEEZHUPARAMBA AMSOM, KUNIYIL 673 639
8 MUHAMMED FATHEEN
S/O. ABDUL RAZAK, AGED 29,
KIZHAKKETHODI HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
9 MADHURAKUZHIYAN MAHZOOM
S/O. ALIMON, AGED 36,
MADHURAKUZHIYAN HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
10 EDAKANDDI SANIZ @ CHERUMANI
S/O. MARAKKARUKUTTY, AGED 38,
VILANGOTH HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
11 PILAKKALKANDI SHABEER @ INNIKUTTAN
S/O. PAREETHKUTTY, AGED 30,
MATHANATHULCUZHI HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
12 ANASMON
S/O. MAMUKKUTTY, AGED 29,
KOLOTHUMTHODI HOUSE,
KEEZHUPARAMBA AMSOM, KUNIYIL 673 639
13 NIYAS
S/O. MUHAMMED, AGED 31,
ERUMANKADAVATHU HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
14 NAVAS SHAREEF @ THONNIPPA
S/O. AHAMMEDKUTTY, AGED 31 ,
ALUNGAL HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
TR.P(CRL.) NO. 43 OF 2021
-:3:-
15 MUJEEB RAHMAN
S/O. KUNCHIRAYIN, AGED 45, METHAL HOUSE,
KEEZHUPARAMBA AMSOM, KUNIYIL 673 639
16 KURUVANGADAN SHARAFUDHEEN
S/O. UMMER HAJJI, AGED 46,
KURUVANGADAN HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
17 ABDUL SABOOR KOTTA
S/O. AHAMMEDKUTTY KOTTA, AGED 45 ,
SRAMBIKKAL HOUSE, KEEZHUPARAMBA AMSOM,
OTHUPALLIPURAZHA
18 ERUMAKADAVATH SAFARULLA
S/O. MUHAMMED, AGED 39,
ERUMANKADAVATH HOUSE,
KEEZHUPARAMBA AMSOM, KUNIYIL 673 639
19 YAZIR
S/O. MUHAMMED, AGED 34,
ERUMANKADAVATH HOUSE, KEEZHUPARAMBA AMSOM,
KUNIYIL 673 639
20 KUTTIPURATHCHALIL RIYAS
S/O. SIRAJUDHEEN, AGED 39
CHEEKLATH HOUSE,
AREEKODE AMSOM, PERUMBARAMBA 673 639
*21 ADDL.R21 IS IMPLEADED :-
PARAMMAL AHAMMED KUTTY
S/O MUHAMMED, PARAMMAL HOUSE, KUTTOLI, KUNIYIL
KEEZHUPARAMBU AMSOM PIN-673639.
(AREEKUDE POLICE STATION LIMIT).
*ADDL.R21 IS IMPLEADED AS ADDL.R21 AS PER ORDER
DATED 8/9/2021 IN CRL.MA.2/2021.
*22 ADDL. R22 IS IMPLEADED :-
VILLAN KADEEJA,
AGED 47 YEARS
TR.P(CRL.) NO. 43 OF 2021
-:4:-
W/O ABOOBACKER, KEEZHAUPARAMBU AMSOM,
ERANADU TALUK, MALAPPURAM DISTRICT - 673639
*23 ADDL. R23 IS IMPLEADED :-
MUSRATH JAHAN,
AGED 46 YEARS
W/O ABDUL KALAM AZAD, NEDUMKANDATHIL PULICKAL,
MALAPPURAM DISTRICT - 673637
ADD.R22 & R23 ARE IMPLEADED AS PER ORDER DATED
15/06/2022 IN CRL.M.A.NO.1/2022.
BY ADVS.
P.VIJAYA BHANU (SR.)
SUNNY MATHEW
K.RAKESH
SANIL E
SONU AUGUSTINE
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
TR.P(CRL.) NO. 43 OF 2021
-:5:-
ORDER
Dated this the 1st day of July, 2022 This petition is filed under Section 407 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'). Petitioner is the State and it seeks for transfer of SC No.99/2013 from the Court of Additional Sessions Judge-III, Manjeri to Additional Court of Sessions-I, Thalassery.
2. According to the petitioner, charge was framed against 19 accused on 15.06.2013 and as against accused No.15 on 23.09.2014. Though trial was scheduled in the year 2015 itself, the trial could not be proceeded with as scheduled, since some of the accused approached this Court in various proceedings. Subsequently the case was made over to additional Court of Sessions-III, for trial and disposal. From 03.07.2017 onwards, the trial was proceeded with. About 275 witnesses were examined, 683 series of documents and nearly 100 material objects were marked in evidence. The questioning of the accused under Section 313(1)(b) Cr.P.C was continued till 05.03.2020. Thereafter, due to the outbreak of Covid-19 TR.P(CRL.) NO. 43 OF 2021 -:6:- pandemic, the proceedings of the courts including the questioning of the accused were interrupted and the case was being adjourned by notifications. When the lock down was lifted, the questioning of the accused could not be resumed, in view of the restrictions imposed by this Court on the number of persons who can attend the court. Examination under Section 313 (1)(b) Cr.P.C was resumed thereafter.
3. The widow of deceased Aboobacker (Smt.Khadeeja PW164) filed a petition before this Court seeking for a direction to the Sessions Judge who held the trial in the case to dispose it of within his tenure in the station itself. It was contended that if the trial in the case could not be concluded during the tenure of the Judge who held the trial, a new officer on assumption of charge would find it difficult to dispose of the case within a short time, in view of the large volume of evidence on record. This Court has disposed of the petition filed by the wife of the deceased, based on the assurance given by the Judge that all efforts would be taken to dispose of the case during his tenure itself, true copy of which is produced alongwith the petition on hand as Annexure A. Though earnest efforts had been taken by TR.P(CRL.) NO. 43 OF 2021 -:7:- the judicial officer holding the office of that Court, due to transfer of the Presiding Officer of the court concerned to some other court in view of the general transfer, he could not pronounce the judgment in the case.
4. The grievance of the petitioner was that if the case is let to proceed with by the new officer who assumes charge of the court, it would be difficult for him to dispose it of within a short time in view of the volume of oral as well as documentary evidence involved in the case. It appears to the petitioner that the case if permitted to be disposed of by the officer who had been transferred, it would be convenient for all. In the above circumstances that the petition seeking transfer of SC No.99/2013 from the Court of Additional Sessions Judge-III, Manjeri to Additional Court of Sessions-I, Thalassery is filed.
5. This Court finds that if an order is passed to the effect, it would set a bad precedent. In most of the cases, the tenure of a judicial officer at a station would be over amidst the trial or on conclusion of it, and if the case is transferred to the court, charge of which is assumed by him, the same practice will have to be followed in almost all the cases. TR.P(CRL.) NO. 43 OF 2021 -:8:-
6. A report was called for from the officer holding charge of the court now and it was reported that the evidence that stands closed was re-opened and a witness (PW14) was recalled for re-examination. Therefore, the proceedings consequent to reexamination will also have to be followed by the Court. In the above context, the officer concerned has sought for six months' time to dispose of the case. The time sought appears to this Court reasonable. In the above circumstances, this Court is inclined to grant the time sought for by the presiding officer itself for disposal of the case. The officer concerned shall take all earnest endeavours to dispose the case within a period of six months commencing from this day.
Tr.P.(Crl) is disposed of, making the above observations.
Sd/-
MARY JOSEPH, JUDGE.
ttb TR.P(CRL.) NO. 43 OF 2021 -:9:- APPENDIX OF TR.P(CRL.) 43/2021 PETITIONER ANNEXURES :-
Annexure A A COPY OF THE JUDGMENT DATED 21-12-2020 IN OP (CRL) 357/2020 Annexure B A COPY OF THE JUDGMENT DATED 08-06-2021 IN OP(CRL.) 204/2021