THE HON'BLE SRI JUSTICE K.SURENDER
TRANSFER CRIMINAL PETITION No. 40 OF 2022
O R D E R:
This Transfer Criminal Petition is filed under Section 407 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") by the petitioners seeking to withdraw C.C.No.963 of 2020 on the file of the Court of the Judicial First Class Magistrate at Thungathurty and transfer the same to the Court of the Special Sessions Judge for SC/ST Trial Cases at Nalgonda.
2. Heard both sides and perused the record.
3. There was an altercation on 28.07.2020 in between two groups. Two FIRs were filed vide FIR No.145/2020 on 31.07.2020 and FIR No.144/2020 on 28.07.2020. Both the complaints are in respect of the very same altercation which took place on 28.07.2020. In Crime No.145/2020, charge sheet was filed before the Judicial Magistrate of First Class at Thungathurthy vide C.C.No.963/2020 under Sections 447, 354, 324, 323, 504 and 506 read with 34 of the Indian Penal Code. In Crime No.144/2020, charge sheet was filed before the Special Sessions Judge for SC/ST Trial of Cases at Nalgonda, vides S.C.No.53/2021 under Sections 335, 324, 504, 506 read with 114 2 of the IPC and Section 3(1)(r)(s) & 3(2) (Va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
4. Charge sheet which is the outcome of investigation in FIR.No.144/2020, the said case is pending as SC.No.53/2021 before Special Sessions Judge for SC/ST Trial of Cases at Nalgonda.
5. Admittedly, both the charge sheets are the outcome of one incident. In the interest of justice to avoid conflicting Judgments, it is just and necessary that both the cases are tried together. For the reason of one case being triable by Sessions Court, C.C.No.963/2020 should be clubbed along with S.C. No.53/2021.
6. Accordingly, C.C.No.963/2020 is withdrawn on the file of the Judicial Magistrate of First Class at Thungathurthy and transferred to the court of Special Sessions Judge for SC/ST Trial of Cases at Nalgonda, to be tried along with S.C.No.53/2021.
7. Learned Counsel submits that the travelling from one Court to another is a problem and for which reason sought indulgence of this Court in dispensing with the attendance of the accused. 3
8. In view of the aforesaid submission, in the event of representation made by any one of the accused on behalf of other accused by filing an application under Rule-37 of the Criminal Rules of Practice, the trial Court shall consider the said application and allow the same. However, the petitioners shall not in any manner dispute their identity or the proceedings which would be undertaken by the concerned Court, in any manner, for the reason of the dispensation of their attendance in this criminal petition.
9. With the above observations, the Transfer Criminal Petition is disposed off.
Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.
___________________ K.SURENDER, J 28.10.2022 tk 4 THE HON'BLE SRI JUSTICE K.SURENDER TRANSFER CRIMINAL PETITION No. 40 OF 2022 Dt.28.10.2022 tk