The single judge allowed the transfer of a criminal case from the Court at Parigi to the Court at Vikarabad for joint trial with another related case, citing convenience and unity of parties and witnesses.
C.C. No. 396 of 2007 transferred to Judicial Magistrate, First Class, Vikarabad for joint trial with C.C. No. 490 of 2006.
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THE HON'BLE SRI JUSTICE K.C.BHANU TRANSFER CRIMINAL PETITION No.20 of 2010
ORDER:
Petitioner filed the present petition seeking to withdraw C.C.No.396 of 2007 pending on the file of the Judicial Magistrate of the First Class at Parigi, Ranga Reddy District and to transfer the same to the file of the Judicial Magistrate of the First Class, Vikarabad, Ranga Reddy District to be tried along with C.C.No.490 of 2006.
2. Heard.
3. It is the case of the petitioner that all the cases registered against him are under Sections 379 and 382 IPC; that four cases are registered in Cyberabad police station limits only and it will be convenient for him and also for the prosecution to proceed with the trial at an early date.
4. Balance of convenience is the prime criterion for transferring a case from one court to another. It must relate to convenience of both the parties.
5. In all the cases, the petitioner is the accused. 4 cases are registered within the limits of Commissioner of Police, Cyberabad and 2 cases are pending on the file of Judicial Magistrate of the First Class, Vikarabad, Ranga Reddy District. As the accused and witnesses in all the cases are one and the same, all the cases can be tried by one court.
6. Accordingly, the Transfer Criminal Petition is allowed withdrawing C.C.No.396 of 2007 from the file of the Judicial Magistrate of the First Class at Parigi, Ranga Reddy District and
transfering the same to the file of Judicial Magistrate of the First Class, Vikarabad, Ranga Reddy District to be tried along with C.C.No.490 of 2006.
7. Since the main Transfer Criminal Petition is allowed, interim stay granted by this court is hereby vacated and consequently Tr.Crl.M.P.No.26 of 2009 is dismissed. Transfer Criminal Miscellaneous Petitions, if any, pending in this transfer criminal petition, shall stand closed.
________________ K.C. BHANU, J.
02.08.2012 GK
THE HON'BLE SRI JUSTICE K.C.BHANU
TRANSFER CRIMINAL PETITION No.20 of 2010
Date:02.08.2012
Gk
1 issue framed by the court
Whether Criminal Case No. 396 of 2007 should be transferred to the Court of Judicial Magistrate of the First Class, Vikarabad, to be tried along with C.C. No. 490 of 2006?
UNKNOWN PETITIONER
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
