Irfan Baig , M.M.a.Baig and 2 Others Vs The State of Telangana

Petition under Section 407 Cr.P.C praying that in the crrcumstances stated in the Memorandum of Grounds of Transfer Criminal Petition, the High Court may be pleased to Transfer the C.C.No.62 of 2011 pending before the court of before the court of the Xll Additional Chief Metropolitan Magistrate, Nampally, Hyderabad to some other Court competent to try the same within the Session C ou rt.

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l.A. NO: 1OF 2021

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Petition under Section 407(6) Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all the proceedings in C.C. No.62 of 20'l 1 before the Xll Additional Chief Metropolitan Magistrate, Nampally, Hyderabad^pending disposal of the main, Tansfer petition-

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l.A. NO: 3OF 2021

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Between:

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lrfan Baig , M M.A.Baig and 2 Others, S/o Kurban Ali, Age. 40 years, Occ Business, Residents of H.No. 20-2-357, Hussaini-Alam, Hyderabad.

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...lLlrrld.r,/

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,/

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Pehman Baig, S/o Kurban Ali, Age. 34 years Occ. Business, ReSidents of H.No. 20-2-357, Hussaini-Alam. Hyderabad.

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trilustafa Baig, S/o Kurban Ali, Age. 36 years Occ. BJsiness, Residents of H.No. 20-2-357, Hussaini-Alam, Hyderabad.

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. Petitioner/Accused

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AND

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The State of Telangana, Rep. Public Posecutor, Higl- Court at Hyderabad

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... Resp ondenUCom plainant

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Sri Krishna Mothkur S/o Not known to the petioner, l\ged Major, Occ: General l\ilanager 9Engg), O & M Drvision No.4, HMVVS & SB, Red Hills, Nampally, Hyderabad

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..Proposed Respondent

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Petition under Section 482 of Cr.P.C praying that rn the circumstances stated in the affidavit filed in support of the petrtion, the High Court may be pleased to implead the proposed respondent as respondenl No.2 in Tr.Crl.P.No. 21 o'f 2021 in the interest of the Justice.

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This Petition coming on for hearing, upon perusing lhe Memorandum of Grounds of Criminal Petition and upon hearing the argun ents of Sri V.Surya Prakash, Advocate for the Petitioner and the Syed Yasar lvlamoon, Additional Public Prosecutor on behalf of the Respondent

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The Court made the following: ORDER

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THE HONOURABLE SRI WSTICE J. SREENTVAS RAO TRANSFER CRIMINAT PETITION No.2l of 2O2L ORDER:

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This transfer criminal petition has been hled under Section 4O7 of the Code of Criminal Procedure, 1973 by the petitioners, who are arrayed as accused Nos.1 to 3 in Crime No.12 of 2011 of Nampally Police Station, Hyderabad, registered for the offences under Sections 353, 5O6 and 5O4 of the IPC, seeking to transfer C.C.No.62 of 2011 on the hle of the XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, to any competent Court to try the same within he Sessions Court.

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Heard Mr. V. Surya Prakash, learned counsel for the petitioners and Mr. Syed Yasar Mamoon, Iearned Additional Public Prosecutor appearing for the respondent State

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Learned counsel for the petitioners submitted that learned Public Prosecutor before the Court below conducted the case in a biased manner, similarly, learned Judge also not properly adjudicating the proceedings, as such, the petitioners may not get substantial justice. Hence, C.C.No.62 of 2011 on the file of

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the XII Additional Chief Metropolitan Magis trate,^Nampaliy, Hyderabad, may be transferred to any competetit^Court.

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Learned Additional Public Prosecutor submitted that^the petitioners have not specifically mentioned a1le5,ation against the learned Public Prosecutor or against the^judicial officer. If^the iearned Public Prosecutor was arguing the t'ase in a^biased marrner, the petitioners ought to have lodged a complaint before the Director of Prosecution. In the case on hald, the^petitioners have not lodged any such complaint. He furth,:r submitted that the allegations levelled against the^judicial officer is concerned, the Calendar Case pertains to 20 19 subsec uently, the trial completed and the matter is coming up for arguments ald the judicial officer is also transferred. Hence, the petitioners are not entitled to seek transfer of C.C.No.62 of 201 1 on the file of the KI Additional Chief Metropolitan Magislrate, Nampally, Hyderabad, to any competent Court.

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Having considered the rival submissio:-ts made by the respective parties and on perusal of the matr:rial available on record, it reveals that the petitioners are accu;ed Nos.l to 3 in Crime No.12 of 2Ol7 of Nampally Police Station, Hyderabad, registered for thc offences under Sections 353, 506 and 504 of "/

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the IPC. The Investigating Officer after completion of investigation filed charge sheet and the learned XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, numbered the case as C.C.No.62 of 2Oll. The record further discloses that the petitioners have liled an application i.e., Tr.C.M.p.No.3169 of 2019 before the learned Metropolital Sessions Judge, Hyderabad and the sarne was dismissed on 0 1 .03.202 1 . Thereafter, the petitioners have approached this Court and filed this transfer criminal petition. The record further discloses that this Court has not granted any interim order.

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During the course of hearing, iearned Additional public Prosecutor submitted that the trial in C.C.No.62 of 201 I has been completed and the matter is now coming up for arguments. The said submission is not disputed by learned counsel for the petitioners. Learned Additional Public Prosecutor also submitted that earlier presiding officer is already moved and another presiding ofhcer taken charge. The said submissions were not disputed by the learned counsel for the petitioners.

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7 . Taking into consideration the facts and circumstances of the case arrd in vien, of the submissions made by the respective parties, this Court does not frnd any ground to transfer

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:a

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C.C.No.62 of 2O11^{pending on the file of the XII Additional Chief}

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Metropolitan Magistrate,^{Nampally, Hyderabad,especially when}

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the matter riped for^argr,rments.

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8 Accordingly, the transfer^{criminal petitibn is dismissed}

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Miscellaneous applications,^{pending ife nr', shall stand}

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closed

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//TRUE COPY//

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SD/- U. SUDHA ASSISTANT REGISTRAR

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hdrSE6JrlON OFFICER I

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To,

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'1 . The l/etropolitan Sessions Judge Nampally, Hyderabatl. 2. The Xll Additional Chief tvletropolitan^{Magistrate, Nampally,hyderaba.} 3. Two CCs to the Public Prosecutor, High Court^{for the State of Telanganaat} Hyderabad [OUT] 4. One CC to Sri V.Surya Prakash Advocate IOPUC]

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