Sangisetty Manikyala Rao , Chanti v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL Transfer Criminal Petition No.183 of 2016 ORDER:

The petitioner seeks for transfer of C.C.No.547 of 2013 from the file of Additional Judicial First Class Magistrate, Yellamanchili, Visakhapatnam District to Additional Judicial First Class Magistrate, Pithapuram, East Godavari District, Andhra Pradesh, which is having jurisdiction to try the said case. Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and perused the material available on record.

On a perusal of the record, it is evident that there are only six witnesses in the case and out of whom, the main witness viz., the complainant (L.W.1) was already been examined as P.W.1 and after examining some witnesses, 2 or 3 witnesses are only remained to be examined. Therefore, at this stage, transferring the case from one Court to another Court may further delay the trial, since fresh process has to be commenced.

I, therefore, see no merits in this petition. This Transfer Criminal Petition, consequently, is dismissed. However, the learned Additional Judicial First Class Magistrate, Yelamanchili, Visakhapatnam is directed to dispose of C.C. No.547 of 2013

as expeditiously as possible, at any rate within three months from today. The miscellaneous petitions, if any, pending in this Transfer Criminal Petition shall stand closed. ___________________ M.S.K.JAISWAL, J.

14th July, 2016.

skmr