Mohammed Abdul Parvez v. The State Of Telangana

i

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER TRANSFER CRIMINAL PETITION NO: 30 OF 2022 Between:

, Mohammed Abdul Pawez, S/o Late Mohd.Abdul Razzaq, Aged about 33 -i ,.ji? :years, Occ. Business, Rt/o H.No.5-18/1 , lbrahimpatnam, Ranga Reddy , . District.

...PETITIONERYACCUSED AND 1 . The State of Telangana, Rep. by its Public Prosecutor, High Codrt for the State of Telangana, At Hyderabad.

2. Mirza Qasim Baig, S/o Mirza Wahad Baig, aged about 47 years, Occ. Business, Rl/o H.No. 9-18-12, Near water tank, Malapally, Nizamabad. ,..RESPONDENT/COMPLAINANT Petition under Section 407 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to transfer STC.Nl.No.75 ot 2021 on the file of Addl. Judicial First Class Magistrate at Nizamabad to lX Metropolitan Magistrate at Hyderabad or any other tIf I.l:

court at Ranga Reddy District.

,; This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ponnam Ashok Goud, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and for the Respondent No.2 not appeared either in person or by Advocate.

The Court made the following: ORDER

Tr.Crl.Petition No.30 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER TRANSFER CRIMINAL PETITION No.30 OF 2022 ORDER:

This Transfer Criminal Petition is filed under Section 407 of Code of Criminal Procedure, 1973 (for short "Cr.P.C') seeking to transfer STC NI No.75 of 2021 on the file of Additional Judicial First Class Magistrate at Nizamabad to IX Metropolitan Magistrate at Hyderabad or any other Court at Ranga Reddy District. 2.

Heard learned counsel for the petitioner/Accused. Perused the Record.

3.

Learned counsel for the petitioner/Accused has taken notice to the Respondent No.2. However, the same was returned as'no such t \ \ person'.

4.

The grievance of the petitioner is that the Respondent No:2 is an influential person in the said area and he is trying to influence when the petitioner/Accused is going to attend the proceedings in the Court of Additional Judicial First Class Magistrate at Nizamabad.

Tr.Crl.Petition No.30 of 2022

5. In the said circumstances, it is directed that the Court below shall not insist upon the appearance of this petitioner and proceed with the trial in the presence of the counsel for the petitioner/Accused. By virtue of this order, the petitioner/Accused shall not take unnecessary adjournments in the trial Court.

6. In the event of any requirement of the presence of this petitioner, the Nizamabad I town Police shall give protection to this petitioner/Accused and the petitioner/Accused shall inform the concerned Police the date when he is appearing before the Court. 7.

Accordingly, the Transfer Criminal Petition is dlsposed off. Miscellaneous applications, pending if any, shall sEtnd close_d. l Sd/-P.PADMANABHA R DY ASSISTANT REGI RAR //TRUE COPY// SECTION OFFICER . The Additional Judicial First Class Magistrate, Nizamabad' .' The lX Metropolitan Magistrate, Hyderaball. .. . ihe Station House Officlr, I Town Police Station' Nizamabad' . One CC to Sri Ponnam Ashok Goud, Advocate [OPUC] . i,i,i" CC. t" the public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD CoPies

7. One Spare CoPY gbr 2q ^+\v

HIGH COURT DATED: 1110812022 :\ ,)^ -a !

1?? 1$][l X1 ) .+.

ORDER

TR.CRL.P.No.30 of 2022 DISPOSING OF THE TRANSFER CRIMINAL PETITION II ( :