Soumya Misra v. The State Rep.Byits Public Prosecutor,

HON'BLE THE CHI EF JUSTI CE SRI THOTTATHI L B. RADHAKRI SHNAN TRANSFER CRI MI NAL PETI TI ON No.225 of 2011 ORDER:

Petitioners are IPS Officers. There are proceedings pending before the Vijayawada Court on the basis of a complaint instituted by the local Bar Association. It appears that a conflict arose between the Bar and the Officers as a result of certain proceedings in the premises of the Bar Association alleging violation of the certain gaming laws relating to gaming. Be that as it may, the Bar Association of Vijayawada had also at that point of time expressed their anguish by requiring their members not to give legal assistance to the petitioners. It is on this premise that this matter had been filed before this Court seeking transfer of C.C.No.243 of 2010 either to the twin cities of Hyderabad and Secunderabad or to Visakhapatnam.

2.

Hearing the learned counsel for the petitioners and the learned Public Prosecutor and having regard to the various earlier proceedings mandated by this Court, I am of the view that this is abundantly a fit case where further proceedings, if any, would be carried out in the Visakhapatnam Court. It is also worthwhile, on the particular facts and circumstances of the case, to suggest that in the fitness of things, the consultation between the Bar and the

HCJ Tr.Crl.P.No.225 of 2011 Police Officers should also end amicably rather than adjudication by judiciary.

3.

With that observation, it is ordered that if C.C.No.243 of 2010 is still pending before the Vijayawada Court, it shall stand transferred to Visakhapatnam Court.

4.

In the result, this Transfer Criminal Petition is allowed. Pending miscellaneous petitions, if any, shall also stand disposed of.

___________________________________ THOTTATHI L B. RADHAKRI SHNAN, CJ Date: 06.12.2018 kvni