Amway India Enterprises Pvt. Ltd., v. State Of Telangana,
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL TRANSFER CRIMINAL PETITION Nos.55, 56 & 65 of COMMON ORDER:
These three transfer criminal petitions are filed seeking transfer of C.C.No.1 of 2015 from the file of the Chief Judicial Magistrate, Warangal to the Court of Chief Metropolitan Magistrate, Criminal Court, Nampally at Hyderabad.
The petitioners are shown as accused in CC.No.1 of 2015 registered for the offences under Section 2(c), 3, 4, 5 & 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and under Sections 420, 120-b IPC. The main ground on which these transfer petitions are filed is that several crimes were registered against M/s.Amway India Enterprises Private Limited and its employees for the same offences and investigation was conducted by CID, Hyderabad and filed charge sheets and in connection therewith CC.Nos.511/2015 and 651/2015 are pending before the Chief Metropolitan Magistrate Court, Hyderabad and the petitioners are appearing in the said cases for each and every adjournment, and further all these cases are filed for the same offences and they are common and several witnesses are also common and therefore it is difficult for the petitioners to attend the Court at Warangal.
Heard the learned counsel for the petitioners as well as the learned counsel for the respondents.
A perusal of the material available on record would indicate that as many as 9 crimes were registered against M/s.Amway India Enterprises Private Limited and its employees and two calendar cases were also pending before the Court of Chief Metropolitan Magistrate, Criminal Court, Nampally at Hyderabad for the same offences against
the same company and its employees.
A joint enquiry of all cases which are inter-connected would obviate the possibility of any conflict of judicial opinion. In the circumstances, C.C.No.1 of 2015 is ordered to be transferred from the file of the Chief Judicial Magistrate, Warangal to the Chief Metropolitan Magistrate, Criminal Court, Nampally at Hyderabad, to be tried along with C.C.Nos.511/2015 and 651/2015.
These three Transfer Criminal Petitions are accordingly allowed.
Pending miscellaneous applications, if any, shall stand closed in consequence.
__________________ M.S.K.JAISWAL,J Date: 03.06.2016 Dsr