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High Court for State of TelanganaTRCRLP/206/2011allowed no costs

M/S. Fizikem Laboratories (P) Ltd., v. State Of Andhra Pradesh,

2017-10-06Gudiseva Shyam Prasad2 pages

HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD TRANSFER CRIMINAL PETITION No.206 of 2011 ORDER:

This Criminal petition is filed under Section 407 of Cr.P.C. seeking withdrawal of C.C.No.101 of 2006 from the file of Judicial First Class Magistrate, Kamareddy, Nizamabad District and for transfer to X Metropolitan Magistrate, Secunderabad.

It is the case of the petitioners that in addition to the above case, Drugs Department filed several other cases through out the State against the petitioners. Ayurvedic Drugs Inspector has filed C.C.No.1632 of 2003 on the file of X Metropolitan Magistrate, Secunderabad and the same is also pending. It is further stated that the petitioners have filed Tr.Crl.P.Nos.79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90 and 91 of 2004 seeking transfer of cases pending before various Courts in the entire State of Andhra Pradesh to the X Metropolitan Magistrate, City Civil Court, Secunderabad. This Court has allowed the said batch of Transfer Criminal Petitions and a common order was passed transferring those cases to X Metropolitan Magistrate, City Civil Court, Secunderabad. The petitioners are seeking transfer of C.C.No.101 of 2006 from the file of Judicial First Class Magistrate, Kamareddy, Nizamabad District to X Metropolitan Magistrate, City Civil Court, Secunderabad.

Heard learned counsel for the petitioners and learned Public Prosecutor for the State.

Learned counsel for the petitioners submitted that since batch of cases referred above are already transferred by this Court by a common order from the entire State of Andhra Pradesh for trial, the case referred above is also against the same accused, which was registered by the Drugs Inspector, Kamareddy. Therefore, sought this case to be transferred to X Metropolitan Magistrate Court, Secunderabad. Learned Public Prosecutor reported no objection for transfer of the above referred case to X Metropolitan Magistrate Court, Secunderabad for trial along with C.C.No.1632 of 2003.

In view of the above, C.C.No.101 of 2006 is withdrawn from the file of Judicial First Class Magistrate, Kamareddy, Nizamabad District and transferred to X Metropolitan Magistrate, Secunderabad for disposal according to law. The Transfer Criminal Petition is, accordingly, allowed. The Miscellaneous Petitions, if any, pending shall stand closed.

_______________________________ GUDISEVA SHYAM PRASAD,J Date : 06.10.2017 ssp