Kerala High Court
Greeshma @ Sreekutty vs State Of Kerala on 21 June, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
TR.P(CRL.) NO. 28 OF 2024
CRIME NO.1863/2022 OF Nedumangad Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.319 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD
PETITIONER:
GREESHMA @ SREEKUTTY
AGED 22 YEARS
D/O SINDHU,
SREENILAYAM VEEDU,
POOMBALLIKONAM,
MELPPALA DESOM,
DEVIYODE VILLAGE,
KANYAKUMARI DISTRICT.,
PIN - 629178
BY ADV SASTHAMANGALAM S. AJITHKUMAR
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
OTHER PRESENT:
ADGP GRASHIOUS KURIAKOSE(SR)
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TR.P(CRL.) NO. 28 OF 2024
2
BECHU KURIAN THOMAS, J.
-----------------------------------------
Tr.P(Crl) No. 28 of 2024
----------------------------------------
Dated this the 21st day of June, 2024
ORDER
Petitioner is the accused in Crime No. 1863 of 2022 of
Nedumangad Police Station, Thiruvananthapuram, alleging offence
punishable under Section 309 of the Indian Penal Code, 1860. She is
also the accused in Crime No.1311/2022 of Parassala Police Station,
alleging offence punishable under Section 302 of the IPC. The
investigation in respect of both crimes have been completed, and the
final reports have also been filed. The former crime is now pending
consideration as C.C.No.319/2023 before the Judicial First Class
Magistrate's Court-II, Nedumangad while the case arising out of latter
crime is pending before the Additional Sessions Court-II, Neyattinkara.
The session case is already scheduled for trial in the month of October.
2. While the Sessions case has been scheduled for trial, petitioner
has approached this Court seeking transfer of C.C.No. 319/2023 to be
tried along with the Sessions Case on the ground that both are case and
counter-case, which requires to be tried and decided in the same trial
before the same Judge, instead of being sent for trial to different Courts.
3. Sri.Sasthamangalam S.AjithKumar, the learned Senior Counsel
for the petitioner instructed by Adv.Sreejith Nair relies upon the
TR.P(CRL.) NO. 28 OF 2024
judgment of the Supreme Court in Crl.Appeal No. 2782/2023 Shiv
Kumar v. State of Uttar Pradesh and Another and contended that
unless both cases are tried together, serious prejudice would be
occasioned to the accused.
4. Sri.Grashious Kuriakose, the learned Additional Director
General of Prosecutions on the other hand, contended that the
application for transfer itself is not maintainable in view of the bar
under Section 407 (ii) of Cr.P.C. It was further submitted that both
crimes cannot be said to be connected with each other, nor can one be
treated as a principle crime and the other as a secondary crime. He
pointed out that both are separate and distinct crimes committed at
different points of time, on different days, and in different locations.
5. I have considered the rival contentions.
6. Proviso to Section 407(2) stipulates that before an application
for transfer of a case within the same sessions division is filed before the
High Court an application for such a transfer ought to be made to the
Sessions Judge and rejected by him. Concededly, the petitioner has not
preferred any application before the Sessions Court,
Thiruvananthapuram for transfer of the case since both are pending
within the same sessions division and transfer is sought within the
same division itself. On that score alone, this transfer petition is liable to
be dismissed as not maintainable.
TR.P(CRL.) NO. 28 OF 2024
7. Notwithstanding the above, considering the nature of the
contentions advanced, I proceed to consider the case on its merits. In
the decision in Shiv Kumar's case it has been observed by the Supreme
Court that all cases arising out of the principle crime should be tried
and decided in the course of the same trial before the same Judge
instead of being bifurcated and sent for trial to different Courts, unless
and until a Court has been specially designated to try an offence under
the particular statute. The term used in the aforesaid judgment,
'principle crime' is of significance. The offence of murder allegedly
committed on a particular day cannot be treated as a principle crime in
relation to the offence of attempt to commit suicide admittedly
committed on some other day. The act cannot be said to form part of the
series of the same transaction to treat one offence as the principle and
the other as secondary. Both being distinct and different offences
committed at different points in time and at different locations, I am of
the view that even on merit, the petition has not made out any case for a
transfer.
Accordingly, I find no merit in this transfer petition, and it is
dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
TR.P(CRL.) NO. 28 OF 2024
APPENDIX OF TR.P(CRL.) 28/2024
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FINAL REPORT IN
C.C. NO. 319/2023 FOR OFFENCES
PUNISHABLE U/S 309 IPC PENDING BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT - II, NEDUMANGAD
Annexure 2 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 1311 OF 2022 PARASSALA POLICE
STATION REGISTERED ON 26/10/2022 FOR
OFFENCES PUNISHABLE U/S 174 IPC WHICH
WAS LATER ALTERED WITH SECTIONS 364,
328, 302, 201, 203. R/W SEC. 34 OF THE
INDIAN PENAL CODE NOW PENDING BEFORE THE
ADDITIONAL SESSIONS COURT, NEYYATINKARA
