R. LEKSHMI DEVARAJ Vs. M. SUDHAKARAN AND OTHER

JUDGEMENT

(1.) Petitioner is the de facto complainant in C.C. No.123/2015, which was pending before the Judicial First Class Magistrate Court 1, Neyyattinkara for offences punishable under Sections 294, 341, 354, 506(ii) and 34 IPC. Pursuant to the cognizance taken, summons was issued to the accused, who appeared and contested the proceedings. The grievance of the petitioner in the present O.P. is that there is considerable delay in the disposal of C.C.No.123/2015. She sought for a direction to the court below for an early disposal.

(2.) Considering the limited prayer sought by the petitioner herein notice was not issued to the respondents. A report was called for from the court below regarding the approximate time limit within which the learned Magistrate will be able to dispose of the matter. The learned Magistrate by his communication dated 18.09.2018 informed that pending the proceedings CMP No.5945/2017 was filed by the accused seeking transfer of the case to another Magistrate Court beyond Neyyattinkara. The reason stated by the petitioner therein was that complainant was a practicing lawyer of Neyyattinkara bar and the witnesses stated by her were also lawyers of the same bar. Hence, it was not possible for the accused to have a fair trial before the court below. However, the learned Magistrate by order dated 05.07.2018 dismissed the above application.

(3.) It emerges from the communication that thereafter the matter was reported by the learned Magistrate to the Chief Judicial Magistrate, who by his order on the administrative side dated 13.07.2018, directed the court to transfer the case records of C.C.No.123/2015 to the Judicial First Class Magistrate Court, Kattakkada for trial and disposal.