P.R. RAMACHANDRA MENON, J.

1. The interesting question involved is whether an appeal is maintainable in terms of Section 5(i) of the Kerala High Court Act, against an order of a single Judge, dismissing the petition filed under Section 407 of the Cr.P.C. seeking for transfer of a criminal case pending before a Magistrate's Court to another Magistrate's court in a different district. It is contended as maintainable with reference to the law declared by a Full Bench of this Court reported in 2005 (4) KLT 865 (Balan vs. Sivagiri Sree Narayana Dharma Sanghom Trust) holding that, appeal is maintainable in respect of an order passed by a Single Judge in exercise of the powers under Section 24 of the CPC (similar power for transfer), which principle is sought to be applied in the given case as well.

2. The basic facts required for effective adjudication of this case are that, the appellants were proceeded against by the police, registering as many as 27 crimes in different police stations in the five northern districts of Kerala–namely Kasaragodu, Kannur, Wynad, Kozhikode and Malappuram, involving the offence of theft under Section 379 IPC read with Section 34 therein. The case of