Sunil Lal vs T.Sreekumari @ Sudha
2022 Latest Caselaw 7543 Ker

TR.P(CRL.) NO. 58 OF 2019         1



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       TR.P(CRL.) NO. 58 OF 2019
   IN MC 50/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
                             NEYYATTINKARA
PETITIONERS/RESPONDENTS:

     1       SUNIL LAL, AGED 54 YEARS
             S/O.BHASKARAN NAIR, SREEMANGALAM, UDIYANKULANGARA,
             DHANUVACHAPURAM P.O., KOLLAYI VILLAGE,
             THIRUVANANTHAPURAM.
     2       C.VASUMATHI AMMA, AGED 78 YEARS
             W/O.BHASKARAN NAIR, RESIDING AT SREEMANGALAM,
             UDIYANKULANGARA, DHANUVACHAPURAM P.O.,
             KOLLAYI VILLAGE, THIRUVANANTHAPURAM.
     3       SUNITHA @ USHA,
             D/O.VASUMATHI AMMA, CHANDRODAYAM, UCHAKKADA,
             KULATHOOR VILLAGE, THIRUVANANTHAPURAM.
             BY ADV R.GOPAN
RESPONDENT/PETITIONER:

            T.SREEKUMARI @ SUDHA, AGED 47 YEARS,
            SREESANKARAM, MANALIL, KARIPUZHA EAST, KAVANADU,
            KOLLAM, NOW REISIDING AT GREESHMA LADIES HOSTEL,
            COLLEGE OF AGRICULTURE, VELLAYANI P.O.,
            THIRUVANANTHAPURAM.
            BY ADV SRI.S.SREEKUMAR (KOLLAM)


      THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 TR.P(CRL.) NO. 58 OF 2019          2



                             O R D E R

This transfer petition has been filed to transfer M.C.

No.50/2018 on the file of the Judicial First Class Magistrate Court

II, Neyyattinkara to any Magistrate Court in Thiruvananthapuram.

2. The M.C. has been filed under Section 12 of the

Protection of Women from Domestic Violence Act, 2005 by the

respondent herein against the petitioners. The 1 st petitioner is the

husband of the respondent. The 1 st petitioner is an advocate

practicing at Neyyattinkara Bar. He was also a former Secretary

of Neyyattinkara Bar Association. The request of the petitioner is

to transfer the case to any other court other than the court at

Neyyattinkara on the ground that the 1 st petitioner is a practicing

lawyer at Neyyattinkara.

3. I have heard both sides.

4. It is not in dispute that the 1 st petitioner is a

practicing lawyer at Neyyattinkara and that he was the former

Secretary of Neyyattinkara Bar Association. Hence, I am of the

view that, it is just and proper that the matter is tried and

disposed by any other Magistrate Court.

5. Both counsel submits that they have no objection in

transferring the case to the Judicial First Class Magistrate Court,

Attingal.

6. Hence this Transfer Petition is allowed.

M.C.No.50/2018 pending on the file of the Judicial First Class

Magistrate Court II, Neyyattinkara is withdrawn and transferred to

the Judicial First Class Magistrate Court, Attingal for trial and

disposal.

Considering the fact that the M.C is of the year 2018, the

learned Magistrate shall dispose the case as early as possible, at

any rate, within a period of six months from the date of receipt

of a copy of this order.

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE ab

APPENDIX OF TR.P(CRL.) 58/2019

PETITIONER ANNEXURES ANNEXURE A PHOTOCOPY OF THE M.C.NO.50/2018 FILED BY THE RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEYYATTINKARA.

ANNEXURE B PHOTOCOPY OF THE CRL.M.P.

(TP)NO.1334/2019 FILED BY THE PETITIONERS BEFORE THE PRINCIPAL DISTRICT AND SESSIONS COURT, THIRUVANANTHAPURAM.

ANNEXURE C PHOTOCOPY OF THE JUDGMENT DATED 27.06.2019 IN OP(CRL)NO.202/2019 OF THIS HONOURABLE COURT.

ANNEXURE D PHOTOCOPY OF THE ORDER DATED 04.07.2019 IN CRL.MP(TP)NO.1334/2019 OF THE SESSIONS COURT, THIRUVANANTHAPURAM.

RESPONDENT ANNEXURES Annexure R1(a) True copy of the Medical Certificate issued by Dr.C.Anilkumar Annexure R1(b) True copy of the Interim order in M.C.No. 50/2018 of the JFCM-II, Neyyattinkara