IBRAHIM KOVVAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed seeking for transfer of four prosecutions pending before the Judicial First Class Magistrate Court-I, Parappanangadi as CC No.1649/2015 and CC No.276/2016 and pending before the Judicial First Class Magistrate Court-II, Parappanangadi between the same parties as ST Nos.15/2020 and 17/2020. The petitioner is the sole accused in all cases. In the petition transfer of all cases to Judicial First Class Magistrate Court, Kanhangad, Kasaragod District is sought.

(2.) The grievance of the petitioner was that he is suffering from various ailments such as chronic kidney disease G3, Type 2 Diabetes Mellitus, Asthma and impairment of eye vision. According to him he was also affected with Covid-19 pandemic in the month of October, 2020 and is now suffering from various difficulties of the said infection. It is further submitted that the petitioner has to travel almost 200 Kilometres to attend the courts wherein the cases stand pending, which have also different posting dates. According to him, the frequent postings for the four cases in two courts also constrains him much. Accordingly the transfer of all the prosecutions to a single court is sought.

(3.) Notice was issued to the 2nd respondent. Though served with notice, the 2nd respondent did not turn up. This Court has gone into the averments and was convinced about the ailments of the petitioner. But, the 2nd respondent who is none other than the complainant and master of the prosecutions cannot be made to suffer. Though it is submitted by the learned counsel that the 2nd respondent/complainant is abroad and represented by his Power of Attorney Holder, it is seen from the address of the Power of Attorney Holder in the cause title that he is a resident of Thenjipalam, Malappuram District. Therefore for the cause of the petitioner, the 2nd respondent being the master of the prosecutions is not liable to suffer. It is found from his address furnished in the cause title that he also will have to travel long distances to attend the court, if an order as sought is passed.