Anthati Johny Goud v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE RAJA ELANGO Transfer Criminal Petition No.274 of 2015 ORDER:

This Transfer Criminal Petition is filed under Section 482 Cr.P.C. seeking to transfer C.C.No.697 of 2015 from the Court of Judicial First Class Magistrate, Nandyal, Kurnool District to the Court of Judicial First Class Magistrate, Suryapet, Nalgonda District for trial and disposal.

Heard the learned counsel for the petitioner and perused the material.

Having regard to the submissions of the learned counsel for the petitioner and on perusal of the material on record, this Court is of the view that the grounds raised by the petitioner for seeking transfer of the case are not valid and justifiable grounds and are untenable. However, when this Court is not inclined to transfer the case as sought for, the learned counsel for the petitioner confined his arguments only to the extent of dispensing with the presence of the petitioner before the trial Court.

Therefore, considering the facts and circumstances of the case and in view of the submission of the learned counsel for the petitioner, the presence of the petitioner before the trial Court is dispensed with except on the date of framing of charge, examination under Section 313 Cr.P.C. and on the date of pronouncement of the judgment. But, the petitioner shall be represented through their counsel on all the date of hearing. Accordingly, the transfer Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_______________ RAJA ELANGO, J Date: 31-03-2016 Ksn