Dumpala Suresh v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER TRANSFER CRI MI NAL PETI TI ON No.2 2 OF 2 0 1 9 ORDER:

This Transfer Criminal Petition, under Section 407 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ accused Nos.1 to 3 seeking to withdraw S.C.No.55 of 2018 from the file of Assistant Sessions Judge - cum - Senior Civil Judge, Mancherial, and transfer the same to any Court at Siddipet having jurisdiction to try the same. 2.

Heard learned counsel for the petitioners/ accused Nos.1 to 3 and the learned Additional Public Prosecutor representing the respondent/ State. Perused the record.

3.

Learned counsel for the petitioners/ accused Nos.1 to 3 would submit that the petitioners/ accused Nos.1 to 3 are apprehending that there will not be fair trial before the Assistant Sessions Court at Mancherial, since respondent No.2 - de facto complainant is a practicing Advocate and relied on the decisions of the Honourable Supreme Court in Vik as Ku m ar Roor k ew al v. St at e of Ut t ar ak h an d an d ot h er s1 and Usm an gan i Adam bh ai Vah or a v . St at e of Gu j ar at an d an ot h er 2 and ultimately, prayed to allow the petition.

4.

Merely because respondent No.2/ de facto complainant is a practicing Advocate, it cannot be said that there would not be a fair trial. Further more, the submissions made on behalf of the 1 (2011) 2 SCC 178 2 (2016) 3 SCC 370

petitioners/ accused Nos.1 to 3 are based on surmises and imaginations. Basing on the material on record, it cannot be held that there will not be a fair trial.

5.

Hence, the Transfer Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Transfer Criminal Petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J March 08, 2019.

MD