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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR, J
Additional Superintendent Of Police – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This is a petition filed under Section 407 of the Code of Criminal Procedure, 1973 (the Code). Transfer of C.C.No.2242 of 2015 pending before the Court of additional Chief Judicial Magistrate, Thiruvananthapuram to the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram is sought. The purpose of transfer is to try that case along with C.C.No.5 of 2019 pending before the Special Court. The investigation officer in C.C.No.5 of 2019 is the petitioner.
2. The petitioner would contend that the facts based on which initiated both the cases are the same. In regard to the same incident both the cases arose. Witnesses to be examined and documents to be referred in both cases shall also be more or less the same. Therefore, trial of the cases in parallel will cause injustice to the witnesses and would be a reason for delay. Only difference being the offences involved, a joint trial of both the cases is in the interest of justice. Accordingly the petitioner seeks to order transfer of C.C.No.2242 of 2015 from the Court of additional Chief Judicial Magistrate, Thiruvananthapuram to the Special Court (CBI), Thiruvananthapuram.
3. Heard the learned Standing Counsel for the CBI
Joint trials are permissible for different offences from the same transaction, but jurisdictional limitations prevent direct transfer to a Special Court without prior commitment to the Sessions Court....
Section 408(1) of Cr.P.C., only gives power to Sessions Judge to transfer a case pending in one criminal Court to another criminal Court in his Sessions Division.
The High Court has the authority to permit the transfer of cases between Special Courts under the Prevention of Corruption and Money Laundering Acts, despite statutory provisions suggesting otherwise....
Transfer of cases under Section 407 Cr.P.C. requires compelling circumstances, not mere assertions of overlapping motives, to ensure fair trial.
The court established that the transfer of criminal cases under Section 407 of the Cr.P.C. requires exceptional circumstances, which were not present in this case.
Transfer of cases under Section 407 should only occur in exceptional circumstances where a fair trial is jeopardized, focusing on the totality of convenience for justice rather than mere preference o....
The judicial principle disallows consolidating cases with contradictory accounts to ensure fair trials and prevent confusion.
The court ruled that related criminal cases arising from the same incident should be tried together to ensure justice and avoid multiplicity of evidence.
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