P.Shekar v. The State Of Ap.,

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Tr.Crl.P. No.85 OF 2018 ORDER:

This transfer criminal petition is filed under Section 407 Cr.P.C. with a request to withdraw Crime No.87 of 2018 of Tadipathri Town Police Station and transfer the same to any other Investigating Officer in Kurnool District, making several allegations against the investigating agency. This Court is incompetent to pass orders under Section 407 Cr.P.C. to withdraw and transfer a case at crime stage pending for investigation with the investigating officer. This Court, at best exercise power under Section 407 Cr.P.C. to withdraw any pending case before any Court subordinate to the High Court, but not from the file of any police station. Therefore, this Court cannot withdraw and transfer the crime pending on the police station since this Court lacks jurisdiction. Accordingly, the transfer criminal petition is dismissed. Pending miscellaneous petitions in the petition, if any, shall stand closed.

__________________________________ M.SATYANARAYANA MURTHY,J 27.06.2018 kvrm