SINDHU BAI S Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a woman, has come to this Court with this petition for transfer of three cases pending before the J.F.C.M. -I, Kollam to any court in Trivandum in the interests of justice. Of the three cases, in two of them the petitioner is the defacto complainant. In the first one allegation was made that respondents 2 to 4, her husband and his relatives, are guilty of the offence punishable under Section 498A I.P.C. In the second it is alleged that the third respondent has committed offences punishable, inter alia, under Sections 452 and 506(ii) I.P.C. against the petitioner. The third is a private complaint filed by the 4th respondent, who is the wife of the third respondent, making allegations of culpable criminal conduct against the petitioner, her mother and her brother. All the cases are pending before the J.F.C.M. - I, Kollam. Trial in one of the cases has commenced. It is at that stage that the petitioner has come to this Court with this petition for transfer of the cases to any other court at Trivandrum.

(2.) In the course of the arguments, the learned counsel for the petitioner submits that the petitioner will be satisfied if the cases are transferred to any court other than courts at Kollam.

(3.) What are the reasons? The learned counsel raises two contentions. The first contention is that certain observations made by the learned Magistrate after the examination of the petitioner in the prosecution under Section 498A I.P.C. has instilled reasonable apprehension in her mind that she may not get justice at the hands of the Presiding Officer. It is said that the learned Magistrate expressed the opinion in open Court that the case was not likely to end in conviction. This is the first ground urged to justify the prayer for transfer.