IN THE SUPREME COURT OF INDIA                                                      CRIMINAL APPELLATE JURISDICTION

         CRIMINAL APPEAL No.688 of 2009           (Arising out of S.L.P. (Crl) No.3156 of 2008)

TGN Kumar .....Appellant(s)

    Versus

State of Kerala & Ors. .....Respondent(s)

                            O R D E R        Leave granted.

This appeal by the complainant is directed against the order passed by  

the High Court of Kerala at Ernakulam, dated 24th March, 2008, whereby the  

order  passed  by  the  Sessions  Judge,  Ernakulam,  transferring  the  trial  in  the  

complaint filed by him under Section 420 IPC from the Court of Additional Chief  

Judicial Magistrate Ernakulam to  Judicial First Class Magistrate-II  has been  

affirmed.

The Order had been passed by the Sessions Judge on an application  

filed by the accused-third respondent herein, expressing apprehension about his  

getting justice from the Presiding Judge in the Court of Additional Chief Judicial  

Magistrate on the ground that he was prejudiced against him.

On  a  mention  being  made  on  9th  April,  2008,  the  operation  of  the  

impugned order was stayed.  The order continues to be in force till date.   

..2/-

:2:

At the outset, it is pointed out by learned counsel for the appellant that

the Additional  Chief  Judicial  Magistrate,  against  whom the accused had some  

grievance,  has  since  been  transferred  to  some other  place  and,  therefore,  the  

question of his influencing the trial or the final verdict does not arise.  Learned  

counsel,  thus, submits that the order passed by the Sessions Judge may be set  

aside and the Additional Chief Judicial Magistrate should be directed to dispose  

of the matter expeditiously as the said transfer order has resulted in a long delay  

in the disposal of the case.

Having heard learned counsel for the parties, we are of the view that  

since the Additional Chief Judicial Magistrate against whose conduct the accused  

had reservations,  has been transferred,  the cause for any apprehension in the  

mind of the accused-respondent does not survive.  Therefore, in the light of the  

said subsequent event,  we feel that  there is no point in giving effect to the order  

of  transfer passed by the Sessions Judge.  

Accordingly,  the  appeal  is  allowed and the  impugned orders  are  set  

aside.  The learned Additional

..3/-

:3:

Chief Judicial Magistrate shall now proceed with the case and conclude the trial  

expeditiously.

....................J.        [ D.K. JAIN ]   

                                ....................J.                                                 [  R.M.  

LODHA ]  

    NEW DELHI,      APRIL 09, 2009.