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
| 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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