Allowed

B.Madan Mohan Reddy v. The State of A.P.

Telangana HC2 Apr 2012TRCRLP/368/2011

Case brief

AI extract

What is this about?

This court allowed a Transfer Criminal Petition under Section 407 CrPC, transferring a criminal complaint to the same junior civil court as another case to ensure a single judge tried identical defenses and avoid conflict of decisions. The accused was the sole petitioner.

What did the court decide?

Transfer of S.T.C.No.120 of 2009 from Junior Civil Judge, Palamaner to Junior Civil Judge, Vayalpad to be tried along with S.T.C.No.51 of 2009.

B.Madan Mohan Reddy Vs The State of A.P. — Civil Procedure and Limitation | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE K.C. BHANU

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TRANSFER CRIMINAL PETITION No.368 OF 2011

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ORDER:

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This Transfer Criminal Petition, under Section 407 of the Code of Criminal Procedure, 1973 is filed seeking to withdraw and transfer S.T.C.No.51 of 2009 on the file of the Junior Civil Judge, Vayalpad, Chittoor District to the file of the Junior Civil Judge, Palamaner, Chittoor District to try along with S.T.C.No.120 of 2009.

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2. Petitioner herein is the sole accused in S.T.C.No.51 of 2009. Respondent No.2 herein filed S.T.C.No.51 of 2009 on the file of the Junior Civil Judge, Vayalpad, Chittoor District to punish the petitioner with imprisonment for a period of one year and with fine, which may be twice the amount of the cheque or with both.

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3. Balance of convenience is one of the criteria for effecting transfer of a case from one Court to another. The petitioner filed a petition before the trial Court to transfer S.T.C.No.51 of 2009 on the file of the Junior Civil Judge, Vayalpad, Chittoor District to the file of the Junior Civil Judge, Palamaner, Chittoor District to try along with S.T.C.No.120 of 2009 on the ground that the father of the complainant obtained a blank promissory note from the father of the accused towards collateral security. The defence of accused in both the cases is one and the same. If two cases are to be tried by two different Courts, there would be likelihood of arriving at conflict of decisions. In order to avoid conflict of decisions, both the cases can be tried by one Court. Hence, S.T.C.No.120 of 2009 on the file of the Junior Civil Judge, Palamaner, Chittoor District is withdrawn and transferred to the file of Junior Civil Judge, Vayalpad, Chittoor District to try along with S.T.C.No.51 of 2009.

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4. Accordingly, the Transfer Criminal Petition is allowed.

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5. Miscellaneous Petitions, if any, pending in this Transfer Criminal Petition shall stand dismissed.

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________________ JUSTICE K.C.BHANU

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02^nd April, 2012 Hsd

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THE HON'BLE SRI JUSTICE K.C. BHANU

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TRANSFER CRIMINAL PETITION NO.368 OF 2011

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Dated: 02.04.2012

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Hsd

B.Madan Mohan Reddy v. The State of A.P.

Case brief

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B.Madan Mohan Reddy v. The State of A.P.

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