M.Tippe Swamy For Manikanta Traders And Another v. The State Of A.P.,Rep.,Pp And Another

SMT. JUSTICE T.RAJANI Transfer Criminal Petition No.66 of 2017 ORDER:

This petition is filed seeking for transfer of C.C. No.148 of 2016 from the file of the Additional Judicial First Class Magistrate at Badvel, Kadapa District to any other competent Court of any other district, other than YSR Kadapa District.

Heard the learned counsel for the petitioners and the learned Public Prosecutor for the first respondent. None appears for the second respondent, in spite of notice.

The reasons for seeking transfer of C.C. No.148 of 2016 from the file of the Additional Judicial First Class Magistrate at Badvel, Kadapa District to any other district, other than YSR Kadapa District, are that a complaint was filed by one Pankaj Surana before the Commissioner of Police at Bangalore, wherein, it was stated that the second respondent and other person came to his office with rowdy elements and forcefully barged into his office, abused and manhandled the staff of the office and without even giving breathing time to his staff, they snatched their mobiles and switched them off, also took Rs.3,38,562/- along with four cheques pertaining to the second petitioner.

In the light of the above facts, the learned counsel submits that there is every threat to these petitioners that the second respondent would attack them and they would not get fair trial before the Court. The submissions of the counsel being substantiated by the complaint, which is filed before the Commissioner of Police at Bangalore, this Court is of the opinion that it would be in the interest of justice, to allow this petition. In the result, this Transfer Criminal Petition is allowed. C.C. No.

Court of the Additional Judicial First Class Magistrate at Ananthapur, and the same shall be tried.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_____________________ JUSTICE T.RAJANI Date: 03.01.2018 LSK