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Informative

Kerala High Court on Transfer of Criminal Case.

Update / Judgement Date

24 Oct 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Criminal LawOther Legal Matters
Kerala High Court on Transfer of Criminal Case.
WCP News Bulletin
Headnote:

The Kerala High Court dismissed a transfer petition filed by the accused seeking to move a criminal case pending in Palakkad to Kollam or an adjoining district. The Court held that transfer of a criminal case cannot be granted merely for the convenience of the accused or their counsel, and vague apprehensions of physical assault without formal complaints are insufficient grounds for transfer.


Background:
  1. The petitioner, Seyad Abdul Rahim @ Seyad Rahim, aged 67, sought the transfer of C.C. No. 737 of 2020, pending before the Judicial Magistrate of First Class-II, Palakkad, to Kollam or an adjoining district.
  2. The petition was supported on two grounds:
  3. The petitioner and his counsel are senior citizens with health issues.
  4. The petitioner apprehends physical assault from the defacto complainant and his family.
  5. The respondent, Siddique Ahammed Haji, and the State opposed the petition, citing that all witnesses are from Palakkad and the case falls within the jurisdiction of the current court.


Court’s Observations:
  1. The reasons provided by the petitioner were considered flimsy and insufficient to justify transfer.
  2. The Court noted that the allegation of potential physical assault was vague, and no formal complaint had been lodged with the Magistrate or any competent authority.
  3. Transfer cannot be granted solely for the convenience of the accused or their counsel.
  4. Since all witnesses are from Palakkad, no valid justification existed for moving the case to another district.


Legal Provisions Discussed:
  1. CrPC – Jurisdiction of Magistrate Courts and procedure for transfer of cases.
Decision
  1. Transfer petition dismissed.
Petitioner Annexures
  1. Annexure A1: Complaint dated 29.05.2009 submitted to the Home Minister (obtained under RTI).
  2. Annexure A2: True copy of order in B.A. 4705/2009 dated 08.09.2009.
  3. Annexure A3: Complaint dated 05.01.2010 submitted to the Superintendent of Police, Palakkad.
  4. Annexure A4: Final report dated 14.09.2020 of Kottayam Crime Branch, Crime 49/2014, now pending trial as C.C. No. 737/2020 before JFMC-II Palakkad.

Citation: 2025:KER:79734

Case: Seyad Abdul Rahim @ Seyad Rahim v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Dr. Justice Kauser Edappagath

Date of Decision: 25 October 2025

Transfer Petition (Criminal) No.: 87 of 2025