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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Sabu K.S, S/o K Sreedharan Nair – Appellant
Versus
Central Bureau Of Investigation – Respondent
ORDER :
A.BADHARUDEEN, J.
Sabu K.S, who is the accused in C.C.No.3/2014, pending before the Special CBI Court-I, Ernakulam, has filed this transfer petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (`BNSS’ for short hereafter). The prayer in the petition is to transfer the entire records in C.C.No.3/2014 pending before the Special CBI Court-I, Ernakulam to Special CBI Court-II, Ernakulam, where the case pertaining to the predicate offences, i.e offences under Section 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988 (`PC Act, 1988’ for short), numbered as S.C.No.329/2017, has been pending, for consideration of the same simultaneously by the same Judge. Sabu K.S is the sole accused in S.C.No.329/2017 also.
2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor appearing for the 1st respondent (CBI) and the learned Standing Counsel representing the Directorate of Enforcement of Cochin Zonal Office, in detail. Perused the relevant provisions.
3. The learned counsel for the petitioner submitted that Annexure A final report (pertaining to C.C.No.3/2014) was filed alleging commission of scheduled offences under the Preven
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....
The court affirmed that under Section 44(1)(c) of the PMLA, the Special Court is designated to try both scheduled offences and money laundering offences, emphasizing legislative intent for discretion....
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....
Practice and Procedure - Special court - Jurisdiction of - There is no ambiguity in language of Section 44(1)(c) of PMLA. The concerned court, which is trying the scheduled offence, is required to tr....
The main legal point established in the judgment is the distinction between transfer of investigation and transfer of a proceeding at the stage of investigation, and the exercise of inherent powers u....
Lack of jurisdiction does not warrant transferring a case.
Jurisdiction for complaints under Section 138 of the N.I. Act lies where the cheque is presented for collection; mere inconvenience does not justify transfer under Section 406 Cr.P.C.
Allegations of bias against a judicial officer require substantial proof; mere suspicion is insufficient to justify case transfer under Section 447 of the BNSS.
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