Landige Dilip Kumar, And 2 Others, v. The State Of Ap Rep By Its Pp Hyd., And Another,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [ Special Original Jurisdiction ] WEDNESDAY THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHTEEN PRESENT HONOURABLE SRI JUSTICE GUDISEVA SHYAM PRASAD TRANSFER CRIMINAL PETITION No. 192 OF 2013 Between:
Landige Dilip Kumar & Ors.
...
Petitioner/A1 to A3 V/s.
The State of Andhra Pradesh Through the Station House Officer, Ravulapalem Police Station, Represented by its Public Prosecutor, High Court of Judicature for the State of Telangana & the State of A.P.
Hyderabad & Anr.
... Respondent/Complainant Counsel for the petitioners :
... Sri A. Chandraiah Naidu Counsel for the Respondent :
Public Prosecutor for R-1 Sri T.V.S. Prabhakar Rao for R-2 The court made the following:
[order follows]
HONOURABLE SRI JUSTICE GUDISEVA SHYAM PRASAD TRANSFER CRIMINAL PETITION No. 192 OF 2013 O R D E R :
This Transfer Criminal Petition is filed for a direction to the Judicial Magistrate of First Clas, Kothapet, East Godavari district to withdraw C.C.No. 374 of 2012 and transfer the same to the Court of Judicial Magistrate of First Class, Kadapa.
2. Heard the arguments of Sri A. Chandraiah Naidu, learned counsel for the petitioner, learned Public Prosecutor representing the respondent No.1/State and Sri T.V.S. Prabhakar Rao for respondent No.2.
3. This is a petition filed under section 407 of Cr.P.C., seeking withdrawal of C.C.No. 374 of 2012 from the file of the Court of Judicial Magistrate of First Class, Kothapet, East Godavari
district and transfer the same to the Court of Judicial Magistrate of First Class, Kadapa.
4. The petitioners are A-1 to A-3 and the second respondent is the defacto complainant in C.C.No. 374 of 2012. The first petitioner has filed an affidavit stating that he filed the present criminal petition due to the inconvenience to come from Kadapa to Rajahmundry to attend the cases pending there. It is stated that the first petitioner's parents are in old age and suffering with old age ailments, therefore, he finds it difficult to attend the Court of Judicial Magistrate of First Class, Kothapet, East Godavari district.
5. On consideration of the material placed on record, this Court is of the view that there are absolutely no ground to transfer C.C.No. 374 of 2012 from the Court of Judicial Magistrate of First Class, Kothapet, East Godavari district to the Court of Judicial Magistrate of First Class, Kadapa.
6. In the result, this Criminal Petition is dismissed.
7. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.
___________________________ JUSTICE GUDISEVA SHYAM PRASAD.
21/03/2018 I s L
HONOURABLE SRI JUSTICE GUDISEVA SHYAM PRASAD
O R D E R
IN TRANSFER CRIMINAL PETITION No. 192 OF 2013 [ RESULT : : DISMISSED ] Date: 21/03/2018 Circulation No.
Court Master: I s L