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2026 Supreme(Online)(Ker) 5468

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MURALIDHARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.DRISYA DILEEP, SMT.SREEDEVI S.
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

ORDER

Dated this the 31st day of January, 2026 Annexure A4 order passed by the Sessions Court, Kollam, dismissing a transfer petition for default is under challenge in this revision petition.

2. I have heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

3. The 1st petitioner is the accused No.2 and the 2nd petitioner is the accused No.1 in S.C. No.453 of 2019 on the files of the Assistant Sessions Court, Punalur. There is a counter case as C.C. No.609 of 2018 pending before the Judicial First Class Magistrate Court- I, Punalur. The petitioners filed a transfer petition to transfer S.C No.453 of 2019 to Additional District and Sessions Court, Punalur for joint trial along with S.C. No.60 of 2025. It was dismissed for default, since the petitioners remained absent on the date of posting. Considering the entire facts and circumstances of this case, I am of the view that the matter requires a disposal on merits.

4. Hence, the impugned order is set aside.

The Sessions Court, Kollam is directed to take back Crl.T.P. No.2834 of 2025 on file and dispose it of, in accordance with law.

Accordingly, the revision petition is allowed.

Sd/-

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