A.M.M. BASHEER Vs. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR REPRESENTING THE DETECTIVE INSPECTOR, CBCID (SIG)

JUDGEMENT

(1.) PETITIONER herein is the accused in C.C. No. 227/06, now pending before the Chief Judicial Magistrate, Thrissur. The offences involved are under Sections 465, 471, and 420 of IPC. The crime was registered on the complaint of the Superintending Engineer, N.H. North Circle, Kozhikode. The petitioner herein is a contractor. Prosecution case is that with the object of getting some public works under contract, the petitioner herein forged some documents like post office pass books to prove his solvency and produced these forged documents before the Superintending Engineer, N.H. Central Circle, Thrissur. The crime was originally registered in the Nadakkavu Police Station, Kozhikode. Subsequently, it was transferred to Kozhikode Town Police Station as crime No. 182/03, and investigation was taken over by the CBCID(SIG), Kozhikode. After investigation, final report was submitted before the Chief Judicial Magistrate, Thrissur. Now, the petitioner seeks transfer of the case from the Court of Chief Judicial Magistrate, Thrissur to Judicial First Class Magistrate Court - III, Palakkad on the ground of convenience of the accused and the witnesses. Learned counsel for the petitioner placed reliance on Mrudul M. Damle and Another v. Central Bureau of Investigation, New Delhi [ : 2012 (5) SCC 706], wherein the Honourable Supreme Court held that transfer of criminal cases can be ordered on the ground of convenience of parties including witnesses, if it will ensure a fair and speedy trial. Of course, general convenience of parties can be a ground to transfer a prosecution from one court to another. But, general convenience of parties is not the general rule. Such a course can be adopted only if that will ensure a fair and speedy trial. Of course, it is true that some of the witnesses in the case are from Palakkad. But, this Court finds that if the case is now transferred to the court at Palakkad, trial of the case will definitely be prolonged for years, because the Court of Judicial First Class Magistrate - III, Palakkad is a heavy court, where so many cases are pending. If the case is now transferred from Thrissur to Palakkad, the case will take its usual course to reach the stage of trial. There is no doubt that such a transfer will obstruct a smooth and speedy trial. In the above circumstances, the case cannot be transferred simply on the ground that it would be convenient for the accused and the witnesses. Of course, to reach the court at Thrissur the accused will have to travel a distance of about 75 kilometers. I do not think that such a travel will cause any sort of prejudice or hardship to the accused or the witnesses. What this Court considers in this case is not the convenience of the parties, but a fair and speedy trial. If a case is transferred from a light court to a heavy court, it will delay the trial. I am not inclined to transfer the case in the present circumstances discussed above.