Arempula Veerabhadram vs The State Of Telangana.,Rep.,Pp ...
2022 Latest Caselaw 4356 Tel

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       THE HONOURABLE SRI JUSTICE K.SURENDER

     TRANSFER CRIMINAL PETITION No.214 OF 2016

ORDER:

This Transfer Criminal Petition is filed under Section 407

of Code of Criminal Procedure, 1973 (for short "Cr.P.C")

seeking to transfer C.C.No.449 of 2013 on the file of I Special

Magistrate, Kukatpally at Miyapur to any other Court at

Khammam District, on the ground of jurisdiction.

2. Learned Counsel for the petitioner submits that

Judgment was delivered in C.C.No.449 of 2013 on 24.12.2013

convicting the appellant for the offence under Section 138 of

Negotiable Instruments Act, there after on appeal the learned

III Additional District & Sessions Judge, Ranga Reddy District

at L.B.Nagar, in Crl.A.P.No.817 of 2013 remanded the case to

the Court below for denova trial. At this juncture learned

counsel for petitioner is seeking transfer of the said case

stating that there is no jurisdiction for the Special Magistrate

Court at Kukatpally, to try the offence.

3. As seen from the orders passed by the trial Court in

C.C.No.449/2013 and also the appellate Court in

Crl.A.P.No.817 of 2013, the ground of jurisdiction was not

raised. In the said circumstances, when no prejudice was

urged before the Sessions Court or Magistrte Court, the case

cannot be transferred on the said ground. However, it is open

for the petitioner to agitate the ground of jurisdiction before

the Special Magistrate Court at Kukatpally.

4. Accordingly, the Transfer Criminal Petition is disposed

off.

Miscellaneous applications, pending if any, shall stand

closed.

_________________ K.SURENDER, J Date: 29.08.2022 tk

THE HONOURABLE SRI JUSTICE K.SURENDER

TRANSFER CRIMINAL PETITION No.214 OF 2016 Dt.29.08.2022

tk