Petitioner filed transfer petition to move S.T.C. 156 of 2010 from Kadapa to Hyderabad/Secunderabad due to 60% disability. Court held disability is not valid ground for transfer as it inconveniences complainant. Petitioner advised to apply for dispensation of presence instead. Petition dismissed.
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THE HON'BLE SRI JUSTICE K.C.BHANU TRANSFER CRIMINAL PETITION NO. 261 OF 2010
O R D E R:
This Transfer Criminal Petition is filed under Section 407 of the Code of Criminal Procedure, 1973 to transfer S.T.C. No.156 of 2010 on the file of the I Additional Judicial Magistrate, Kadapa to any other court at Hyderabad or Secunderabad, on the ground that the petitioner is a physically challenged person with a disability of 60% and so it is not possible for him to travel to Kadapa from Hyderabad so as to attend in the S.T.C.
2. Heard both sides.
3. Balance of convenience is the prime criterion for effecting transfer of a case from one court to another. The petitioner is accused in the S.T.C. If the case is transferred to Hyderabad or Secunderabad, as desired by the petitioner, it would cause inconvenience to the second respondent/complainant and his witnesses. Simply because the petitioner is physically challenged person with 60% disability, it cannot be a ground for transferring the case. However, the petitioner, if so advised, can make an application before the trial court to dispense with his presence, which shall have to be considered in accordance with law. Therefore, there are no grounds to effect transfer as prayed for.
4. The Transfer Criminal Petition is devoid of merits and is, accordingly, dismissed.
(K.C.BHANU, J.)
24.01.2012 DRK
THE HON'BLE SRI JUSTICE K.C.BHANU
TRANSFER CRIMINAL PETITION NO. 261 OF 2010
Date:24.01.2012
1 issue framed by the court
Whether a physically challenged person with 60% disability can be ground for transferring a case from Kadapa to Hyderabad or Secunderabad.
Petitioner
Second Respondent/Complainant
K.C.Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
