Kerala High Court
Sumangali K S vs Sini on 21 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
TR.P(CRL.) NO. 92 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
TR.P(CRL.) NO. 92 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 27.09.2024 IN CRTP NO.2049
OF 2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM ARISING OUT OF
THE ORDER/JUDGMENT DATED IN MC NO.22 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, KOTTARAKKARA
PETITIONER/RESPONDENTS:
1 SUMANGALI K S., AGED 62 YEARS
D/O. KUMARASWAMI PILLAI, SAI NIVAS,
NEELESWARAM P.O, NEDUVATHOOR,
KOTTARAKKARA-691 505.
NOW RESIDING AT ASHTAMI,
KALLUMKUZHY, UMAYANALLOOR,
KOLLAM, PIN - 691 589.
2 NEENU S., AGED 35 YEARS
W/O, SUNEESH, ASHTAMI,
KALLUMKUZHY, UMAYANALLOOR,
KOLLAM, PIN - 691 589.
3 SUNEESH, AGED 36 YEARS
S/O. BALAKRISHNA PILLAI,
ASHTAMI, KALLUMKUZHY,
UMAYANALLOOR, KOLLAM - 691 589.
4 NEETHU S., AGED 32 YEARS
W/O. SYAM, SAI NIVAS, NEELESWARAM P.O,
NEDUVATHOOR, KOTTARAKKARA-691 505.
NOW RESIDING AT ASHTAMI, KALLUMKUZHY,
UMAYANALLOOR, KOLLAM, PIN - 691 589.
5 SYAM, AGED 32 YEARS
S/O SIVAPRASAD, DEVIPRASADAM,
MARANAD P.O, EZHUKONE- 691 505,
NOW RESIDING AT ASHTAMI, KALLUMKUZHY,
UMAYANALLOOR, KOLLAM - 691 589.
TR.P(CRL.) NO. 92 OF 2024
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6 INDUSEKHARAN PILLAI, AGED 73 YEARS
AISWARYA, KILLOOR, NEELESWARAM P.O,
NEDUVATHOOR, KOTTARAKKARA, KOLLAM - 691 505.
BY ADV ANAND MAHADEVAN
RESPONDENT/PETITIONERS:
1 SINI, AGED 49 YEARS
W/O. LATE LAL K.S, LAL NIVAS,
KUMARAKOM, KOTTAYAM,
NOW RESIDING AT SAI NIVAS,
NEDUVATHOOR, KOTTARAKKARA,
KOLLAM, PIN - 691 505.
2 ABHIMANYU L S., AGED 15 YEARS
S/O. LATE LAL K.S, LAL NIVAS,
KUMARAKOM, KOTTAYAM,
NOW RESIDING AT SAI NIVAS,
NEDUVATHOOR, KOTTARAKKARA,
KOLLAM, PIN - 691 505.
3 SABARINATH, AGED 17 YEARS
S/O. LATE LAL K.S, LAL NIVAS,
KUMARAKOM, KOTTAYAM,
NOW RESIDING AT SAI NIVAS,
NEDUVATHOOR, KOTTARAKKARA,
KOLLAM, PIN - 691 505.
BY ADVS.
K.V.ANIL KUMAR
RADHIKA S.ANIL(K/000183/2019)
SRI. NOUSHAD K. A. (PP)
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(CRL.) NO. 92 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Tr.P.(Crl) No.92 of 2024
...................................................
Dated this the 21st day of November, 2024
ORDER
Petitioners are respondents in M.C.No.22/2023 before the Judicial first
Class Magistrate Court-1, Kottarakkara. They seek transfer of the said
proceedings to Judicial First Class Magistrate Court-I, Kollam.
Convenience of the petitioners to reach Kollam Court is the reason
stated. The transfer petition filed before the Sessions court, as Crl.(TP)
No.2049/2023 was dismissed and thereafter they have approached this
Court.
2. Sri.Anand Mahadevan, the learned counsel for the petitioners, submitted
that the first petitioner is facing serious difficulty in transporting between
Umayanalloor where she is presently residing, and therefore, in order to
avoid serious discomfort for her, transfer of the case is essential. It is
also submitted that the fourth petitioner is having an infant child of few
months and even for her, travelling all the way to Kottarakkara is
causing serious prejudice. The learned counsel further submitted that no
prejudice would be caused to the respondents since all what is sought is
TR.P(CRL.) NO. 92 OF 2024
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for a transfer to Kollam which is within the same district itself and
therefore it will be more conducive for all to have the case transferred.
3. Smt.Radhika S. Anil, the learned counsel for the respondents, on the
other hand, contended that the transfer from Kottarakkara to Kollam is
totally unnecessary as convenient transporting facilities are available in
Kollam district and the distance between Umayanalloor to Kottarakkara is
only 27 kms. Even otherwise, it is pointed out that, if the case is
transferred to Kollam, still the petitioner will have to undertake their
transport to court, and therefore, the alleged inconvenience is only an
attempt to delay the disposal of the case.
4. The only contention raised by the petitioners is about the inconvenience
caused to two of them. The transfer that is sought for is in fact within
the same district itself. The respondent is residing at Kottarakkara while
petitioners are residing at Umayanalloor. Distance between
Kottarakkara to Umayanalloor is stated to be only 27 kms. Considering
the circumstances that the case has been directed to be disposed of in a
time bound manner as per the order of this Court in
Crl.M.C.No.10283/2023, I am of the view that a transfer of the case
would only prejudice such a direction and cause further delay in the
completion of the case.
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5. Apart from the above, no material has been produced by the petitioner
to justify the claim that first petitioner is suffering from a serious
disability to undertake travel. In the absence of any such materials, this
Court cannot rely upon the submissions made on behalf of the
petitioners that she is facing such serious difficulty.
6. In view of the above, I find no merit in this transfer petition and it is
dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/21/11/2024
TR.P(CRL.) NO. 92 OF 2024
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APPENDIX OF TR.P(CRL.) 92/2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE ORDER DATED 26.09.2023.
ANNEXURE A2 THE TRUE COPY OF THE COMMON ORDER DATED
24.07.2024 IN CRL RP NO. 1177 OF 2023 AND
CRL. MC NO. 10823 OF 2023
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 27.09.2024 IN
CRL. (TP) NO. 2049 OF 2023 OF THE DISTRICT
SESSIONS COURT, KOLLAM
