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Criminal case can’t be transferred for convenience of accused, his advocate: Kerala HC

Kerala High Court ruling, Criminal case transfer plea: While dismissing the transfer plea, the Kerala High Court noted that the reasons given by the petitioner were flimsy.

2 min readNew DelhiUpdated: Oct 29, 2025 04:29 PM IST

Section 256 of CrPC grants power to the magistrate to acquit an accused on non-appearance of the complainant before the court.

Kerala high court ruling: Section 256 of CrPC grants power to the magistrate to acquit an accused on non-appearance of the complainant before the court.

Kerala HC on transfer petitions: The Kerala High Court recently remarked that a criminal case cannot be transferred from the jurisdictional court for the “convenience” of the accused or his advocate.

Justice Kauser Edappagath’s observation came while dealing with a transfer petition seeking transfer of a criminal case from a magisterial court to another .

“A criminal case from the jurisdictional court cannot be transferred for the convenience of the accused or his advocate,” the court said.

The plea sought the transfer from the judicial magistrate of first class-II, Palakkad to a magistrate court in Kollam or to any other court near Kollam.

The transfer of the case was sought on the ground that the petitioner and his lawyer were senior citizens and suffered from old age-related ailments.

It was also alleged that the petitioner feared physical assault at the hands of the complainant and his family. The dispute involved allegations of cheating and criminal breach of trust.

The court noted that the reasons given by the petitioner were flimsy.

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“The above reasons are so flimsy and cannot be a ground for transfer,” it held.

The court also rejected the petitioner’s apprehension of physical assault by the complainant and noted that the petitioner did not make any complaint regarding the same either before the magistrate or anywhere else.

“The allegation that the petitioner apprehends physical assault at the hands of respondent 4 is too vague and no details have been given. No complaint was given either before the Magistrate or any other competent authority regarding the same,” the order read.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

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