Mohammed Ashfaq, Hyd., v. State Of Telangana, Rep Pp And 3 Otrs.,

HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI TRANSFER CRIMINAL PETITION No. 34 OF 2015 AND TRANSFER CRIMINAL PETITION No. 35 OF 2015 COMMON ORDER :

1.

These two criminal petitions are disposed off by way of a common order as the parties in both the petitions are one and the same.

2.

Transfer Criminal Petition Nos.34 and 35 of 2015 are filed under Section 407 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") by the petitioners-defacto complainant seeking to transfer C.C.No. 321 of 2014 and C.C.No. 322 of 2015 on the file of the Court of VI-Additional Chief Metropolitan Magistrate, Hyderabad to any other court in Ranga Reddy district.

3.

When the matters were listed on 18-11-2021 none appeared for the petitioners and the matters were directed to be listed on 25-11-2021 under the caption "for dismissal". 4.

Today, i.e., 25-11-2021 also none appeared for the petitioners albeit the matters are listed under the caption "for dismissal". 5.

Perused the record. As can be seen from the record, it appears that the reason for seeking transfer of criminal petitions is that the cases are being proceeded on a expeditious footing and the Public Prosecutor is showing un-usual zeal in closing the cases and the learned Magistrate even refusing to receive any petitions filed by them and the adjournment sought on their behalf were refused. [1]

6.

It is also stated that the petitioner has no confidence that justice would be done and the learned Magistrate is not receiving any petitions and asking them to file any petition through the Public Prosecutor and the Public Prosecutor is not evincing any kind of interest in filing petitions. Hence, sought the transfer of C.C.Nos. 321 of 2014 and C.C.No.322 of 2014 may be transferred to any other court in Ranga Reddy district.

7.

These calendar cases are of the year 2014 and there is no interim order granted by this court. In my considered opinion, the above cases cannot be transferred on these kind of frivolous grounds, making bold allegations on the Judicial Officers. This Court finds no merit in these transfer criminal petitions, and as such, they are liable to be dismissed at the threshold. 8.

In view of the same, on merits, Transfer Criminal Petition Nos. 34 and 35 of 2015 are accordingly dismissed. Consequently, miscellaneous applications, if any, pending, shall stand closed.

______________________________ LALITHA KANNEGANTI, J.

25-11-2021 ISL [2]