Biyala Sunil S/O Raja Ram, v. The State Of Telangana,
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY TR.CRIMINAL PETITION No.306 OF 2016 ORDER:
This transfer criminal petition, under Section 407(2) of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed to withdraw C.C.No.489 of 2015 from the file of X Metropolitan Magistrate, Cyberabad, at Malkajgiri, Rangareddy District, and transfer the same to the Court of IV Metropolitan Magistrate, Erramanzil, to try along with DVC No.212 of 2015, on the ground that the parties to both the cases are one and the same and the petitioners have to travel from Bombay and attend the court at Hyderabad and it is difficult for them to attend the court at X Metropolitan Magistrate, Cyberabad, at Malkajgiri, Rangareddy District.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
Learned Public Prosecutor did not oppose it on any specific grounds.
It makes no difference whether it is tried by the IV Metropolitan Magistrate, Erramanzil, Hyderabad, or by the X Metropolitan Magistrate, Cyberabad. However, it is more convenient to both the parties to appear before the court since the second respondent is a private employee and resident of Keshav Nagar Colony, New Mettuguda, Secunderabad. To strike the balance of inconvenience of both the parties, I find it is appropriate to withdraw C.C. No.489 of 2015 from the file of X Metropolitan Magistrate, Cyberabad, at Malkajgiri,
TRCRLP_306_2016 MSM, J - 2 - Rangareddy District, and transfer the same to the Court of IV Metropolitan Magistrate, Erramanzil, Hyderabad. Accordingly, the transfer criminal petition is allowed. Miscellaneous petitions, if any, pending in this transfer criminal petition shall stand closed.
___________________________________ M. SATYANARAYANA MURTHY, J Date: 01.12.2016 BV