Shaik Basha, v. Bhumireddy Ramagopal Reddy,

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER TRANSFER CRIMINAL PETITION NO.182 OF 2014 ORDER:

This petition is filed by the petitioner-accused under Section 407 Cr.P.C. to withdraw STC No.171 of 2011 on the file of Judl. Magistrate of I Class, Pulivendula and transfer the same to the Judl. Magistrate of I Class, Chevella, Ranga Reddy District.

2.

Heard learned counsel for the petitioner-accused. There is no representation on behalf of the 1st respondentcomplainant, in spite of service of notice. 3.

Learned counsel for the petitioner-accused would submit that there are money transactions between the parties to the litigation. The due amount was already paid to the 1st respondent-complainant. A false complaint was lodged to harass the petitioner-accused. It is further contended that the 1st respondent-complainant is a powerful person in the area and giving life threats to the petitioner. Therefore, it is just and necessary to withdraw STC No.171 of 2011 and transfer the same to the Court at Chevella. 4.

Except the self-serving sworn statement of the petitioner-accused, there is no material to hold that the 1st respondent-complainant is powerful person in the area and he gave life threats to the petitioner at any time. There is no mention of date and details of the alleged threats. Even the petitioner did not lodge any report to the police bringing the threats said to have given. The petitioner has not substantiated the requirements to withdraw and transfer the STC No.171 of 2011. There are no justifiable grounds to concede the request of the petitioner to withdraw and

transfer the impugned STC to other Court. The petition is devoid of merit and is liable to be dismissed. 5.

Accordingly, the Transfer Criminal Petition is dismissed. Miscellaneous petitions, if any pending in this Petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 06-03-2018.

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