K SANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has come to this Court with a prayer that S.C.No. 433 of 1999 pending before the Addl. Asst. Sessions Court, Kollam, may be directed to be transferred to any other Court having jurisdiction at the same center. At the time when the accused were produced before the learned Magistrate, the present Addl. Asst. Sessions Judge, who was the Magistrate having jurisdiction, was alleged to have not discharged his duties properly. Prosecutions have been initiated for such inadequacy and in these circumstances the petitioner apprehends that holding of the trial before the learned Judge would prejudice his interests. The learned Sessions Judge, before whom an application for transfer was moved, did not consider the question on merits for the short reason that there was a time bound direction for disposal of the case.

(2.) Report of the learned Addl. Asst. Sessions Judge was called for. The learned Judge has also requested that the case may be transferred to some other court.

(3.) In the nature of the contentions raised and the response of the learned Judge, I am satisfied that this is a fit case where transfer can be directed as prayed for.