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Munirathnam (Scientist)     08 February 2010

Case transfer from state to state by Supreme Court

My Wife filed the Transfer petition for the case I filed on her at Bangalore. Prior to I file the complaint on her, 498A is already running at Hyderabad. Now my wife is asking to transfer the case filed by me at Bangalore to Hyderabad.

 
This weakened I worked on some judgments and found that Supreme Court transfers the case on some grounds and some are applicable to me as follows. Kindly send your comments on the grounds applicable to my case.
 
  • Both the petitioner and respondent lived only at Bangalore city, Karnataka and were not lived at anywhere as admitted by the petitioner herein and further submit that cause of action arose at Bangalore city.
 
  • For that submits that police investigation on the crime is under progress. The witnesses of the case are senior citizens and are from Bangalore and case transfer would cause inconvenience to the witness’s attendance at Hyderabad. Further submit that witnesses have family and business at Bangalore transferring the case to Hyderabad could cause great inconvenience to the witnesses of the case.
 
  • For that submit respondent no.2 has to attend total of 4 cases while doing job at Bangalore and look after illiterate family members who has been falsely implicated in the criminal case by the petitioner. This could affect the respondent no.2 survival difficult in continuing in his job at Bangalore and effect would destroy entire family normal living life. By doing the damage to the family petitioner filed false cases to meet petitioner’s illegal money extortion demands by the respondent no.2 and harassing.
 
  • For that submits respondent no.2 has life threat and threat from further registering some more false cases at Hyderabad from the other accused in the criminal case, while attending the court hearings. Already respondent no.2 has received threats from main accused, i.e., petitioner’s brother while attending the court hearings at Hyderabad.
 
  •  For that submits the petitioner registered criminal case proceedings at IX MM Court, Miyapur, Hyderabad has no jurisdiction to trial the case. In that criminal case charge sheet is not maintainable on the ground that investigation is not carried at crime place Bangalore and is not complying CrPC-177&178.
 
  • For that respondent no.2 submit abuse of process of law happened in the petitioner registered case at Hyderabad on this ground respondent no.2 approached Hon’ble High Court of Andra Pradesh to quash the criminal case proceedings at IX MM Court, Miyapur, Cyberabad and the proceedings are stayed.
 
  • For that submit that in the registered petitioner registered criminal case abuse of process of law happened and respondent no.2 approached Hon’ble High Court of Andra Pradesh with the prayer to quash the criminal proceedings at Hyderabad. Further submit that accuser’s native place is Hyderabad has police influencing capacity which could cause miscarriage of justice.
 
  • The circumstances setout above clearly establish that the respondent no.2, in the facts and circumstances of the case, cannot prove himself properly the said allegations, if investigation and trail is conducted by the IX MM Court at Miyapur, Hyderabad Andra Pradesh and as a consequence thereof, manifest injustice would be caused the respondent no.2 and ends of justice too would suffer.
 
I would appreciate your comments/feedback to contenst Trasnfer Petition. Plese let me know what is the probabilty (%) that I would win this Transfer Petition. 
 
Thank you.


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