HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.5095 of 2006 And TRANSFER CRIMINAL APPEAL No.880 of 2010 DT.22.07.2010 Mohammad Usman …Petitioner V. State of A.P., rep. By P.P. … Respondent The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.5095 of 2006 And TRANSFER CRIMINAL APPEAL No.880 of 2010 COMMON ORDER:- The criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “ Cr.P.C.”) is filed by the petitioner/A1 to quash the proceedings in Crl.A.No.35 of 2006 transferred to the Court of X Additional District and Sessions Judge’s Court, (Fast Track Court), Narasaraopet, filed by the petitioner against the judgment of I Additional Munsif Magistrate, Narasaraopet, in C.C.No.445 of 2004, dated 24.01.2006, wherein the petitioner was convicted for the offences punishable under Sections 420 and 471 of the Indian Penal Code, 1860 and was sentenced to undergo six months imprisonment on each count, which arises out of Crime No.271 of 2004 on the file of Narasaraopet Town Police Station, Narasaraopet. This Court by order, dated 20.11.2006, in exercise of the powers conferred under Section 407 Cr.P.C. ordered for transfer of Crl.A.No.35 of 2006 to this Court to be heard along with the present Criminal Petition and the same was numbered as Transfer Criminal Appeal No.880 of 2010. The main ground of the petitioner for quashing the conviction, which is the subject matter of the criminal appeal, is that the petitioner filed criminal petition No.4709 of 2004 to quash the proceedings in Crime No.271 of 2004 and this Court by order dated 24.03.2006, allowed the said criminal petition by quashing the crime. The said order was obviously passed in ignorance of the conviction order passed by I Additional Munsif Magistrate, Narasaraopet in C.C.No.445 of 2004, dated 24.01.2006, which is two months earlier to the quashing of the crime. In view of the same, the ground on which the petitioner seeks to quash the conviction order, does not merit consideration, unless the appeal is heard and decided on merits. Accordingly, the Criminal Petition is dismissed. In view of the dismissal of the Criminal Petition, the Transfer Criminal Appeal No.880 of 2010 is withdrawn from this Court and the Criminal Appeal No.35 of 2006 was re-transmitted to the Court of X Additional District & Sessions Judge, Narasaraopet, for disposal in accordance with law. _______________ A. GOPAL REDDY, J 22nd July 2010 lmv