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2026 Supreme(Online)(Ker) 25485

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
DEPUTY SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, SPECIAL TASK BRANCH, CHENNAI – Appellant
Versus
DURGA BAHADUR BHAT CHETRI @ DEEPAK – Respondent
TR.P(CRL.) NO. 21 OF 2026|CRIME NO.RC 11(S)/2008|CP NO.8 OF 2013



Advocates:
For the Appellants/Petitioners: SHRI.SREELAL N.WARRIER, SPL.PUBLIC PROSECUTOR, CENTRAL BUREAU OF INVESTIGATION (CBI)

Special CBI Court has exclusive jurisdiction over cases from designated districts; transfer ordered for uniformity.

Headnote:The petition seeks transfer of proceedings under Section 407 CrPC from Chief Judicial Magistrate Court, Ernakulam, arising from CBI investigation of Crime No.738/2005 originally registered by Fort Police, Thiruvananthapuram. Case committed to Sessions Court, Ernakulam, then transferred to Special CBI Court, Thiruvananthapuram where co-accused was tried and convicted; accused no.1 absconded, later arrested and produced in C.P No.8/2013. Notification dated 14.07.2014 established Special Court for CBI cases in southern districts. Court finds Special CBI Court, Thiruvananthapuram has exclusive jurisdiction. Issue framed: Jurisdiction of Special Court under G.O.(MS) No.0141/2014/Home for CBI-investigated offences in southern districts including Thiruvananthapuram. Ratio: Despite Magistrate's insistence on formal order, circumstances warrant transfer to designated Special Court for uniformity and jurisdictional competence. Transfer petition allowed; C.P No.8/2013 transferred to Special Court of Judicial Magistrate First Class (Special Police Establishment/CBI Cases), Thiruvananthapuram.

Table of Content
1. petition seeks case transfer to special cbi court. (Para 1)
2. background: original crime, cbi probe, trial history, new case. (Para 2 , 3)
3. special court jurisdiction via notification; transfer allowed. (Para 4)

Dated this the 7th day of April, 2026 JUDGMENT The Deputy Superintendent of Police, Central Bureau of Investigation, Special Task Branch, Chennai seeks transfer of C.P No.8/2013 pending before the Chief Judicial Magistrate Court, Ernakulam to the Special Court of Judicial Magistrate First Class (Special Police Establishment/CBI Cases), Thiruvananthapuram.

2. The matter arose from Crime No.738/2005 registered by Fort Police, Thiruvananthapuram. Subsequently, the investigation in the matter was transferred to the CBI. The CBI submitted final report before the Chief Judicial Magistrate Court, Ernakulam. The case was committed to the Sessions Court, Ernakulam and transferred to the Special Court for CBI, Thiruvananthapuram, where the trial of the case was concluded. Accused No.1 remained absconding. Accused No.2 faced trial and he was convicted.

3. Now, the CBI arrested accused No.1 and produced before the Chief Judicial Magistrate, Ernakulam. The case against accused No.1 is numbered as C.P No.3/2013. In the meantime, vide notification dated 14.07.2014 the Special Court of Judicial Magistrate First Class (Special Police Establishment/CBI Cases), Thiruvananthapuram was established for the trial of the cases investigated by the CBI in respect of offences committed within five southern districts, including Thiruvananthapuram.

4. It is submitted that the Special Court of Judicial Magistrate First Class (Special Police Establishment/CBI Cases), Thiruvananthapuram alone has jurisdiction to deal with the matter. Though the CBI requested for transfer of the case, the learned Chief Judicial Magistrate insisted for obtaining a transfer order.

Having regard to the circumstances brought out, the Transfer Petition (Criminal) is allowed. C.P No.8/2013 pending before the Chief Judicial Magistrate Court, Ernakulam is ordered to be transferred to the Special Court of Judicial Magistrate First Class (Special Police Establishment/CBI Cases), Thiruvananthapuram. The Chief Judicial Magistrate, Ernakulam shall forthwith transfer the entire records to the Special Court of Judicial Magistrate First Class (Special Police Establishment/CBI Cases), Thiruvananthapuram.

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