LAWS(KER)-2025-2-107

ADDITIONAL SUPERINTENDENT OF POLICE Vs. STATE OF KERALA

Decided On February 28, 2025
Additional Superintendent of Police Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is a petition filed under Sec. 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, the learned Senior Public Prosecutor, and the learned counsel for respondent Nos.3 and 5.