Single judge order transferring a private complaint from XI Additional Chief Metropolitan Magistrate, Secunderabad, to VI Metropolitan Magistrate, Medchal, based on police report confirming venue jurisdiction, despite pending discharge application.
C.C. No.727 of 2012 transferred to Court of VI Metropolitan Magistrate, Ranga Reddy District at Medchal.
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HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
TRANSFER CRIMINAL PETITION No.168 of 2013
ORDER:
Heard the learned counsel for the petitioner and learned counsel for the first respondent.
This Transfer Criminal petition is filed by the complainants under Section 407 Cr.P.C. seeking withdrawal of C.C.No.727 of 2012 from the file of the XI Additional Chief Metropolitan Magistrate, City Civil Court, Secunderabad and transfer the same to the Court of VI Metropolitan Magistrate, Ranga Reddy District at Medchal.
The petitioners herein filed a private complaint against the first respondent for the offences punishable under sections 405, 420, 425 and 464 IPC. The said private complaint was taken on file and the same came to be numbered as C.C.No.727 of 2012 on the file of the XI Additional Chief Metropolitan Magistrate, City Civil Court, Secunderabad. On receipt of summons from the Court, the first respondent herein filed Crl.M.P.No.1692 of 2013 seeking discharge. Pending the said application, the second respondent filed Crl.Petition No.8213 of 2013 before this Court under Section 482 Cr.P.C. seeking quashing of the said proceedings. By an order dated 19.08.2013 the said application was dismissed as withdrawn but a direction to the learned Magistrate to dispose of the discharge application within a period of one month from the date of receipt of the said order. While things stood thus, a dispute arise as to the jurisdiction to the said Court to try the said offence. The learned Magistrate requested the concerned police to find out as to whether Flat No.303, 3rd , 9-5-62 building situated at Hasmathpet Village, Balanagar falls within the jurisdiction of Bowenpally Police. On 14.05.2013 the concerned Sub-Inspector of Bowenpally Police Station submitted a report saying that the said Flat falls within the limits of Bowenpally Police Station. In view of the said report, the present application is filed seeking transfer of the case to the Court of VI Metropolitan Magistrate, Ranga Reddy District at Medchal.
The counsel for the first respondent/accused did not dispute the fact that the XI Additional Chief Metropolitan Magistrate, City Civil Court, Secunderabad, has no jurisdiction to try the case but only submits that the discharge application filed by the accused is posted for orders and one of the ground raised in the said application is with regard to jurisdiction of the said Court.
In view of the report of the Sub Inspector of Police, Bowenpally Police Station and having regard to the fact that the main ground raised in discharge application is with regard to the territorial jurisdiction of the XI Additional Chief Metropolitan Magistrate, City Civil Court, Secunderabad to try the case, it would be appropriate to transfer the C.C. No.727 of 2012 on the file of the XI Additional Chief Metropolitan Magistrate, City Civil Court, Secunderabad to the Court of VI Metropolitan Magistrate, Ranga Reddy District at Medchal. The accused are given liberty to file a fresh application for discharge, which shall be considered in accordance with law.
With the above direction, the transfer criminal petition is disposed of.
As a sequel thereto, Miscellaneous Petitions pending if any in this Transfer Criminal petition, shall stand dismissed.
___________________ C.PRAVEEN KUMAR, J
Date: 03.02.2014 gkv/gm
Contd..
_________________________ JUSTICE C. PRAVEEN KUMAR
03.02.2014 GM
2 issues framed by the court
Whether C.C. No.727 of 2012 should be transferred to the VI Metropolitan Magistrate, Medchal, due to territorial jurisdiction dispute.
Whether the discharge application pending before the jurisdictionally incorrect court can be considered after transfer.
2 provisions across 1 enactments
Complainants
First Respondent
Second Respondent
C. Praveen Kumar
As recorded by the court registry
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