High Court for State of TelanganaTRCRLP/59/2016disposed of no costs

M Srinivas v. Smt Nooti Sridevi

2016-03-22Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO TRANSFER CRIMINAL PETITION No.59 OF 2016 ORDER:

This Transfer Criminal Petition, under Section 407 of the Code of Criminal Procedure, 1973, is filed to withdraw C.C.No.431 of 2014 from the file of the Principal Junior Civil Judge-cum-I Class Magistrate, Jangoan, Warangal District and transfer the same to the Court of the X Additional Chief Metropolitan Magistrate at Secunderabad.

2. Heard and perused the material available on record.

3. Learned counsel for the petitioners contended that initially, the case was filed against respondent No.1 before the X Additional Chief Metropolitan Magistrate at Secunderabad and the same was numbered as C.C.No.971 of 2014. Subsequently, the said case was transferred to the Court of the Principal Junior Civil Judge - cum - I Class Magistrate, Jangoan, Warangal District on the basis of a judgment of the Apex Court and the same was renumbered as C.C.No.431 of 2014.

During the pendency of the case, the petitioner/complainant herein filed a memo before the Principal Junior Civil Judge-cum-I Class Magistrate, Jangoan, Warangal District along with a copy of the Negotiable Instruments (Amendment) Ordinance, 2015 for transfer of the case to the Court of the X Additional Chief Metropolitan Magistrate at Secunderabad, but the learned Magistrate refused to entertain the memo and has not passed any order.

4. Considering the facts and circumstances of the case, this Transfer Criminal Petition is disposed of with the following direction: Whenever a memo or a petition is filed by anyone of the parties, the learned Magistrate shall pass appropriate orders after hearing the parties. The petitioner herein is directed to file a fresh application

before the Court of the Principal Junior Civil Judge - cum - I Class Magistrate, Jangoan along with a copy of the order of this Court. On such application, the learned Magistrate shall dispose of the same within a period of fifteen (15) days.

5. Miscellaneous petitions pending, if any, in this Transfer Criminal Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 22.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

TRANSFER CRIMINAL PETITION No.59 OF 2016 Date: 22.3.2016 AMD