Mohammed Mokarram v. The State Of Telangana

HON'BLE Dr. JUSTICE SHAMEEM AKTHER TRANSFER CRIMINAL PETITION No.109 of 2017 ORDER :

Heard learned counsel for the petitioner, learned Public Prosecutor and perused the record.

2.

Learned Public Prosecutor would submit that he has not received instructions. This matter was adjourned on 15.06.2017. Even then, it appears, the respondent is not evincing any interest in this transfer petition.

3.

Learned counsel for the petitioner would submit that the petitioner/accused is a deaf and dumb, he is being prosecuted for the offences punishable under Sections 376(A), 302 and 201 IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, who was arrested on 02.05.2013 and he would further contended that the Advocates of Nalgonda Bar Association are not coming forward to defend the petitioner/accused and also submitted that there is a life threat to him. Therefore, the petitioner/accused seeks transfer of S.C.No.121 of 2015 from the Court of I Additional District and Sessions Judge, Nalgonda, to any Court at Ranga Reddy District.

4.

Though the petitioner contended that Advocates of Nalgonda refused to enter appearance on behalf of the petitioner/accused, no material has been placed before this Court. It is also brought to the notice of the Court that the petitioner has furnished sureties and he is on bail. The petitioner could not file a single document or aver single

incident to believe that he has a life threat at Nalgonda. The petitioner cannot choose the Court of his choice. It appears that the petitioner filed this petition to protract the proceedings before the trial Court. The transfer petition is devoid of merits.

5.

Accordingly, the transfer criminal petition is dismissed. 6.

Miscellaneous petitions pending, if any, shall stand closed. _________________________ Dr. SHAMEEM AKTHER, J 9th October 2017.

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