S R NARSIMLU Vs. STATE

JUDGEMENT

(1.) This is an application filed under section 526 of the Code of Criminal Procedure, requesting this Court to transfer the case Crime No.143 of 1970 on the file of the Munsif-Magistrate, Karimnagar, Karimnagar District to any other Magistrate's Court in any other district.

(2.) The petitioner is accused No.1 in the case. A charge-sheet was filed against him under section 420, Indian Penal Code, on the allegation that he was paid an amount of Rs. 9,000 by the complainant, one by name Madhavaneni Venkata Rao in S.C. No.2 of 1970 on the file of the Sessions Judge, Karimnagar for getting acquittal of the accused involved in that case. That amount was alleged to have been paid on 14th July, 1970. The Judgment in that case was delivered on 21st July, 1970 and out of the 18 accused, 9 were acquitted and the other 9 were convicted, to various terms of imprisonment. The charge-sheet states that out of the amount of Rs. 9,000, the accused paid back Rs. 5,000 and retained only Rs. 4,000 with him. It is also further alleged in the charge-sheet that the petitioner herein could not influence the Sessions Judge at Karimnagar in the matter of Judgment or otherwise and knowing this fully well, he dishonestly induced P. Ws. 1 and 2 to part with an amount of Rs. 9,000 and he got the same by fraudulently representing that he would influence the Sessions Judge by paying the money and to get the accused in the said case acquitted. On those allegations the charge-sheet now pending before the Munsif-Magistrate, Karimnagar, is stated to have been filed.

(3.) The petitioner herein stated in his affidavit filed in support of the transfer petition that when he applied for the bail, it became difficult for him to get an advocate to move the bail application as there was a reference in the charge- sheet to the learned Sessions Judge. He states that he does not know any of the P. Ws. and that they did not meet him at any time nor they paid the amount to him. Accused No. 2 according to the petitioner used to bring the car for repairs. Excepting this, it is stated that he never had any occasion to see the learned Sessions Judge at any time. He has been working for the last 25 years in the R. T. C. department, maintaining a clean record and this case was unnecessarily foisted by persons who are not well disposed towards him and that he was not in Karimnagar when the amount of Rs. 9,000 was alleged to have been paid to him on 14th July, 1970 at 7 p. M. and that he was on duty at that time at Hyderabad.