HON’BLE Dr. JUSTICE K.G. SHANKAR
Tr. Crl. Petition No.270 of 2013
Date: 07.08.2014 Between:
B.V. Satyanarayana ..
Petitioner/A.1 AND I. Surender, s/o. Ilaiah, and 4 others. .. Respondents HON’BLE Dr. JUSTICE K.G. SHANKAR
Tr. Crl. Petition No.270 of 2013
ORDER:
The petitioner seeks for transfer of P.R.C.No.41 of 2013 on the file of I Additional Judicial Magistrate of First Class, Warangal to any court other than Warangal District.
Notices were served upon the respondents 1 to 4.
Although appearance was entered on behalf of the respondents 1 to 4, no one represents them.
It is the case of the learned counsel for the petitioner that there was a tussle between police officials and the advocates and case and counter case were booked against both sides. The petitioner is an Inspector of Police. He is arrayed as A.1 in P.R.C.No.41 of 2013 for the offences under Sections 323, 307, 342, 504 and 506 IPC read with Section 34 IPC.
The learned counsel for the petitioner submitted that the advocates of Warangal District in one voice decided not to defend the petitioner, as the allegation against the petitioner is that he committed the offences against the advocates’ community. Apprehending that the petitioner may not be able to engage proper advocate and apprehending that justice may not be done to the petitioner in such a background, the petitioner seeks for transfer of the case to some other court.
Where the petitioner claimed that a resolution was passed by the advocates not to defend the petitioner and where the petitioner may not be able to secure legal assistance at Warangal, it would be appropriate to transfer the case to some other District for disposal in accordance with law.
Accordingly, the Criminal Petition is allowed.
The case is withdrawn from the file of I Additional Judicial Magistrate of First Class, Warangal and is made over to Khammam District Court. The learned Principal Sessions Judge shall assign the case to one of the Courts of the Judicial Magistrate of First Class Cadre at Khammam, which has jurisdiction to entertain the case.
Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.
Dr. K.G. Shankar, J.
Date: 07.08.2014 Isn