M M A Baig , Irfan Baig, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION Nos. 31353 OF 2011 AND 9787 OF 2012 COMMON ORDER:

The 1st petitioner and the official respondents in both the writ petitions are one and the same and the relief sought for is also similar. Hence, they are being disposed of by this common order. In W.P.No.31353 of 2011, the petitioners are seeking transfer of Crime/FIR. No.210/2011 on the file of Nampally Police Station, Hyderabad City, filed under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Central Act 33 of 19989 filed against unofficial respondents to some other District, other than Hyderabad or to Central Bureau of Investigation, for investigation.

In W.P.No.9787 of 2012, the petitioners are seeking transfer of Crime/FIR No.130/2012 on the file of Punjagutta Police Station, Hyderabad City under Sections 420, 406, 506 and 34 of IPC to some other District, other than Hyderabad or to Central Bureau of Investigation, for investigation.

Official respondents in W.P.No.31353/2011 filed counter affidavit denying the writ averments. In W.P.No.9787/2012, the learned Assistant Government Pleader filed written instructions dated 13.06.2012. Based on the said material, the learned Assistant Government Pleader for Home submits that in W.P.No.31353/2011, the police have instigated the crime and charge sheet was filed and the case in C.C.No.1748/2012 is

pending for trail on the file of VI Additional Metropolitan Sessions Judge at Secunderabad. Similarly, in W.P.No.9787/2012, investigation was completed and charge sheet was filed and case in C.C.No.1248/2012 is pending for trial on the file of XIV Chief Metropolitan Magistrate at Hyderabad, in which NBW is pending against A-2.

As the investigation in both the crimes is completed and the charge sheets were filed and cases have been pending for trial before the respective courts, question of transferring the FIRs does not arise as such no relief can be granted in these writ petitions. Accordingly both the writ petitions are dismissed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 15.06.2017 t k.