BY AD vs ALEX K.JOHN

O R D E R This is an application preferred by the respondent in M.C. No.30/2018, who is also the respondent in Crl.M.P.No.317/2023 and the petitioner in Crl.M.P.No.167/2025 pending before the Judicial First Class Magistrate Court-II, Kochi. The petitioner seeks the M.C to be transferred to some Court outside Ernakulam.

2. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent. Perused the records.

3. Learned counsel for the petitioner submits that transfer is sought for on the specific ground that the defacto complainant is a member of the Bar Association, Kochi and that, as a practising lawyer, she has lot of cases before various Courts at Ernakulam. Learned counsel would submit that there is a chance of prejudice/bias, if the matter is considered by the respective Magistrate Court at Kochi. Accordingly, transfer is sought for to some Court outside Ernakulam. Learned counsel would submit that there will not be Tr.P(Crl.) No.21 of 2025 - 4 - any delaying tactics, whatsoever, on the part of the petitioner and that he will fully co-operate, if the matter is transferred to some Court outside Ernakulam. Learned counsel would also point out that by virtue of the judgment of this Court in O.P(Crl.) No.115/2025, there is a direction for time bound disposal of the M.C sought to be transferred.

4. Opposing the above arguments, learned counsel for the 1st respondent would submit that the case has a chequered history and all along delaying tactics were adopted by the petitioner, to see that what is otherwise legitimately due to the 1st respondent is denied. Learned counsel would point out that what remains to be considered before the trial Court in the relevant Crl.M.P is enforcement of an Order under Section 12 of the Protection of Women from Domestic Violence Act, which does not involve any adjudication, as such. This application for enforcement was filed as far back as in 2023. There was an instance where the attachment order granted by the trial court was even violated by the petitioner. Taking stock of all these circumstances, this Court directed Tr.P(Crl.) No.21 of 2025 - 5 - expeditious disposal of the C.M.P (marked as Ext.P4 therein) within three months by virtue of judgment in O.P(Crl.) No.115/2025. The present attempt is nothing but a delaying tactics adopted by the petitioner. 1st respondent seeks dismissal of the petition.

5. Having heard the learned counsel appearing for the respective parties, this Court finds little merit in the instant Transfer Petition. Primarily, it has to be noted that a transfer from a Court having natural jurisdiction can be taken recourse to only in exceptional circumstances, where the Court is convinced that the continuance of proceedings before that Court is otherwise not conducive in the interests of law and justice, or in a case where a specific prejudice or bias is demonstrated by the facts. In the instant case, the solitary allegation is that the defacto complainant (1 st respondent herein) is only a member of the Bar Association, Kochi. It is too much to pre-suppose that a Judge will lean in favour of a lawyer of the Bar, in complete disregard to his/her duties, as also, the essential pre-request of Tr.P(Crl.) No.21 of 2025 - 6 - adjudicating a matter without any bias, fear, favour or prejudice. The ground urged is grossly insufficient, so as to entertain a request for transfer of the case to any Court outside Ernakulam. In dismissing this petition, this Court also take stock of the things, which transpired in the matter between the petitioner and the 1st respondent, which has been adequately taken note of in the judgment in O.P(Crl.) No.115/2025, which judgment is liable to be read along with this judgment. In the circumstances, this Court finds no merit in the instant Transfer Petition and the same will stand dismissed. Sd/- C.JAYACHANDRAN, JUDGE Tr.P(Crl.) No.21 of 2025 - 7 - APPENDIX OF TR.P(CRL.) 21/2025 PETITIONER ANNEXURES ANNEXURE A1 ANNEXURE A2 ANNEXURE A3 ANNEXURE A4 ANNEXURE A5 ANNEXURE A6 ANNEXURE A7 THE TRUE COPY OF THE ORDER DATED 18-09- 2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOCHI IN M.C. NO. THE TRUE COPY OF THE JUDGMENT DATED 24- 06-2022 OF THE HON’BLE HIGH COURT OF KERALA IN TR.P (CRL.) NO. 30 OF 2022 THE TRUE COPY OF THE COMMON JUDGMENT DATED 26-12-2022 IN CRL. APPEAL NO. 313/2019 AND CRL. APPEAL NO. 315 OF 2019 OF ADDL. DISTRICT COURT, MUVATTUPUZHA THE TRUE COPY OF THE PETITION DATED 30- 01-2023 IN CRL.M.P. NO. 317 OF 2023 DATED 30-01-2023 IN M.C. NO. 30/2018 ON THE FILES OF HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOCHI TRUE COPY OF THE PETITION DATED 21-01- 2025 IN CRL.M.P. NO. 167 OF 2025 IN M.C. NO. 30 OF 2018 ON THE FILES O F THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOCHI THE TRUE COPY OF THE ORDER OF THE HON’BLE SUPREME COURT OF INDIA DATED 29-07-2022 THE TRUE COPY OF THE ORDER DATED 11-10- 2022 IN TR.P (CRL) 58/2022