Kandula Subba Reddy v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION PETITION No.82 OF 2016 ORDER:

The present criminal revision case is filed by the petitioner challenging the order, dated 08.12.2015, passed in C.C.No.62 of 2015 by the Court of the III Special Magistrate, Hyderabad, whereby the Court below transferred the case to the Court in whose jurisdiction, the bank of the complainant i.e., Axis Bank Limited, Ashok Nagar, Chennai, is situated for trial and disposal. Heard and perused the records.

Learned counsel for the petitioner submits that the Court below erred in transferring the case to the Court in whose jurisdiction the bank branch of the complainant is situated as the same would cause prejudice to the petitioner herein as there is some confusion about the jurisdiction of the Special Magistrate Court. He further submits that by virtue of the transfer the case to Chennai, it will be difficult to the accused also and as such, it is just and necessary to continue the proceedings at Hyderabad.

Considering the facts and circumstances of the case, this Court is of the view that the order passed by the Court below is in accordance with law as the Ordinance passed by the Government is also given retrospective effect and hence, this Court is not inclined to interfere with the order impugned. The Criminal Revision Case is accordingly dismissed. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 19.01.2016 pln