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High Court for State of TelanganaTRCRLP/129/2016disposed of no costs

Sri. Patan Jilani Basha v. The State Of A.P.,Rep.,Spl Pp For Acb At Hyd

2016-04-26Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Tr.Crl.P.No.129 of 2016

ORDER

This petition under Section 407 Cr.P.C., is filed by the petitioner/accused seeking to withdraw C.C.No.19 of 2014 on the file of Special Judge for SPE & ACB Cases-cum-II Additional District and Sessions Judge, Nellore, and transfer the same to any other Court having jurisdiction of ACB cases.

2. The petitioner/accused is involved in C.C.No.19 of 2014 on the file of Special Judge for SPE & ACB Cases-cum-II Additional District and Sessions Judge, Nellore, registered for the offences punishable under Section 7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. Petitioner states that in the said case, trial was concluded and the matter was posted for examination under Section 313 Cr.P.C., at that stage, on the application filed by him, the trial Court framed an additional charge against him. Thereafter, the petitioner filed a petition seeking to reopen the case and allow him to examine his defense witnesses, but the same was dismissed. Challenging the same, the petitioner filed Crl.P.No.3434 of 2016 before this Court and the same is pending. The grievance of the petitioner is that the Presiding Officer of the trial Court has been pressurizing him to advance arguments without granting time and also threatening him from adjudicating the matter. Hence, he filed the present petition.

3. Heard and perused the material on record. 4.

Considering the facts and circumstances of the case and in view of pendency of Crl.P.No.3434 of 2016 before this Court, without going into the merits of the matter, the trial Court is directed not to

proceed with the case in C.C.No.19 of 2014 till disposal of Crl.P.No.3434 of 2016.

5.

With the above direction, the Transfer Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this petition shall stand closed.

______________________ JUSTICE RAJA ELANGO 26th April, 2016 Note:

Registry is directed to post Crl.P.No.3434 of 2016 on 10.06.2016 (Bo) sj