The central legal point established in the judgment is the importance of considering the general convenience of the parties and witnesses in deciding transfer applications under the Code of Criminal Procedure.

This is an application to transfer a Sessions Case popularly known as 'Karikkanvilla Murder Case, from the Additional Sessions Court, Mavelikkara to the Sessions Court. Alleppey. The case was committed to the Sessions Court, Alleppey but the same was made over to the Additional Sessions Judge Mavelikkara by the Sessions Judge, Alleppey. The application has been made under Sections 407(1)(c) and 482 of the Code of Criminal Procedure by the State represented by the Superintendent of Police, Alleppey. The stand taken in the application is that for the general convenience of the parties. witnesses and others who have to attend the trial the case should be transferred to the Sessions Court, Alleppey. One of the reasons alleged is that there is not enough accommodation facilities at Mavelikkara and this will result in great inconvenience especially to the witnesses from outside the State numbering 59.

2. Respondents 1, 3 and 4 have filed counter-affidavits. These accused have opposed the transfer on various grounds.

3. The learned Additional Advocate General appearing for the State contended that this Court, can order a transfer of the case to the Sessions Court. Alleppey or to any other Sessions Court if the general convenience of the parties and witnesses requires such a transfer. The learned Additional Advocate General pointed out that in view of the fact that a large number of witnesses are from Madras and other places outside the State, accommodation will be a problem if the trial is to be conducted at Mavelikkara. According to the Additional Advocate General, if the trial is conducted at Alleppey, which is a district headquarters, accommodation will not be a problem and hence a transfer of the case to the Sessions Court. Alleppey will tend to the general convenience of the parties and witnesses. The learned counsel for the accused contended that now at Mavelikkara there is enough hotel accommodation and hence there is no justification to transfer the case for want of accommodation. It was also pointed out that the alleged offence was committed within the jurisdiction of the Additional Sessions Court. Mavelikkara and a good number of witnesses are from places nearer to Mavelikkara. The learned counsel also contended that without first moving an application for transfer before the Sessions Court. Alleppey, this application will not lie before this Court in view of the proviso to sub-section (2) of S. 407 of the Code. A contention that the Sessions Judge has power under Section 409(2) and hence this application will not lie was also taken.

4. Section 407 of the Code of Criminal Procedure, 1908 reads:

"407. Power of High Court to transfer cases and appeals. (1) Whenever it is made to appear to the High Court -

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

(b) that some Question of law of unusual difficulty is likely to arise, or

(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice. it may order -

(i) that any offence be inquired into or tried by any Court not qualified under Sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

(iii) that any particular case be committed for trial to a Court of Session; or

(iv) that any particular case or appeal be transferred to and tried before itself.

(2) The High Court may act either on the report of the Lower Court, or on the application of a party interested, or on its own initiative:

Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same Sessions