Kerala High Court
State Of Kerala vs Karuvangadan Mukhthar @ Muthu on 1 July, 2022
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
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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
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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
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
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
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
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
