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Sumathi vs State Of Kerala

High Court Of Kerala|09 December, 2014
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JUDGMENT / ORDER

The petitioner herein is the accused in S.C No.1770/2004 of the fifth Additional Sessions Court, Thiruvananthapuram. She has been facing prosecution on a charge under Section 55(a) & (i) of the Kerala Abkari Act. The trial court concluded trial, and also examined the accused under Section 313 Cr.P.C. But the learned trial judge could not dispose of the case. The successor judge took up the matter, and on a perusal of the files, he found the necessity of further examination of some witnesses. Accordingly, the successor trial judge re-opened the evidence, and proceeded to examine some other witnesses. On this ground, the accused seeks transfer the case to some other court. Much arguments and thought are not required to find that the case cannot be transfered on such a ground. If the trial judge has decided to reopen evidence, it is well within the powers of the trial judge. On the said ground, the accused cannot seek transfer of the case. If such applications are entertained, very many cases will have to be transferred by this court. The learned counsel submits that there is some procedural Tr.P. (Crl.) No. 109 of 2014 2 irregularities. If at all there is any such irregularity, it is not a ground for transfer. I do not find any satisfactory reason or ground to transfer the case. Hence this petition is dismissed in limine without being admitted to files. P.UBAID, JUDGE sab
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Title

Sumathi vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • S Mohammed Al
  • Rafi