Mathala Srinu, vs State Of Andhra Pradesh
2021 Latest Caselaw 1626 AP

         THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

            TRANSFER CRIMINAL PETITION NO.20 of 2020

ORDER:-


         This Transfer Criminal Petition is filed under Section 407 of

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

withdrawal of S.C.No.4 of 2018 (old S.C.No.58 of 2010) from the

file of Special Court for trial of cases relating to elected MPs and

MLAs, Vijayawada, Krishna District and transfer the same to the

Court of Assistant Sessions Judge, Chodavaram, Visakhapatnam

to be tried along with S.C.No.113 of 2010.


2.       The brief facts of the case are that basing on the complaint

filed by one Malireddy Mahalakshmi Naidu before Deverapalli

Police    Station,   Visakhapatnam,    crime   No.32   of   2006   was

registered against respondent Nos.2 to 14 for the offence

punishable under Section 302 read with 34 I.P.C. and Section 21

of the Indian Arms Act. Subsequently the same was numbered as

S.C.No.113 of 2020 on the file of Assistant Sessions Judge Court,

Chodavaram. Thereafter basing on the complaint given on

04.08.2006 by the mother of respondent No.3 herein, crime No.33

of 2006 was registered against the petitioner and others for the

offence punishable under Section 324 read with 34 I.P.C. After

investigation, the Police have referred the case as "mistake of fact".

3. Subsequently after inordinate delay of 2 years 2 months

respondent No.3 herein filed a private complaint in respect of the

same incident and it was referred to the Police by the Judicial First

Class magistrate, Chodavaram and Police have registered crime

No.57 of 2008. In the protest petition filed by respondent No.3 it

was categorically mentioned that in respect of the same incident,

crime No.32 of 2006 was registered and the same is pending vide

PRC No.3 of 2007. After examining the protest petition, Additional

Judicial Magistrate of First Class, Chodavaram passed an order

dated 18.09.2009 in PRC No.18 of 2009 observing that there is

prima facie case against the accused for the offences punishable

under Sections 307, 201, 147, 148 and 506 read with Section 34

I.P.C. and as it is exclusively triable by the Court of Sessions the

case was committed to Sessions Court, Visakhapatnam under

Section 209(a) and the petitioner is shown as A5 and one

B.Muthyala Naidu, MPTC as A1 along with eight other accused.

The same is numbered as S.C.No.58 of 2010 on the file of

Assistant Sessions Judge, Chodavaram.

4. The further case of the petitioner is that the State of Andhra

Pradesh has issued GORT No.215 dated 03.04.2018 by exercising

powers conferred by the proviso to subsection 1 of section 11 read

with clause (j) of Section 2 read with Section 7 and 9 (1) of Cr.P.C.

and specified Andhra Pradesh as the local area for the purpose of

establishing a special court for the trial of offences relating to the

elected members of the parliament and members of the Legislative

Assembly as sanctioned in G.O.Ms.No.26 dated 26.02.2018 and

established a special court to try the offences relating to elected

Member of the Parliament and Members of the Legislative

Assembly arising out of the entire area of State of Andhra Pradesh.

Accordingly Registrar (Administration) issued proceedings on

12.04.2018. In pursuance of the same Senior Civil Judge,

Chodavaram passed an order dated 20.04.2018 and as A1 in

S.C.No.58 of 2010 is MLA of Madugula Constituency, transferred

S.C.Nos.58 of 2010 and 113 of 2010 as both the cases are case

and counter case. The special court returned the case bundle in

S.C.No.113 of 2010 as it does not come under its jurisdiction and

S.C.No.58 of 2010 was renumbered as S.C.No.4 of 2018. As both

the cases arise out of one incident, they should be tried by one

Court. Hence, the present petition is filed seeking transfer.

5. Heard Sri Subodh, learned counsel for the petitioner and Sri

R.Siva Sai Swarup, learned counsel for respondent Nos.2 and 3.

6. Learned counsel for the petitioner submits that as on the

date of registration of the complaint, A1 is not a member of

Legislative Assembly. He further submits that where two cases

arise out of the same incident they have to be tried and disposed

of by the same Court by pronouncing the judgment on the same

day and it is necessary legal requirement for preventing conflicting

of decisions. As such to avoid conflicting judgments, his prayer

may be allowed.

7. On the other hand, learned counsel for respondent Nos.2

and 3 submits that the relief sought to withdraw S.C.No.4 of 2018

(old S.C.No.58 of 2010) from the file of the Special Court and

transfer the same to the file of Assistant Sessions Judge to be tried

along S.C.No.113 of 2010 is not maintainable for the reason that

the specially designated court will have jurisdiction only to try

cases against MLAs and MPS. Learned counsel for respondent

Nos.2 and 3 further submits that in view of the orders passed by

this Court in Crl.R.C.No.3082 of 2017 the Court below has deleted

Section 307 of I.P.C. Hence, only 324 IPC is retained. As such the

matter was transferred to Principal Junior Civil Judge, Chodavarm

and it is renumbered as C.C.No.1734 of 2020. Hence, the matter

cannot be transferred to Sessions Court as sought by the

petitioner.

8. Learned counsel for respondent Nos.2 and 3 further submits

that A1 in S.C.No.4 of 2018 has filed Tr.Crlp.No.10 of 2019 with

similar relief and it was withdrawn on 18.02.2019 when the

matter was posted under the caption 'for orders'. On the same day

the present transfer petition is filed which is nothing but pure

abuse of process of law.

9. Heard both the counsel and perused the record. Both the

cases are of the year 2010 and the case sought to be transferred is

pending before Special Court for trial of Cases relating to elected

MPs and MLAs, Vijayawada, Krishna District. When a case is

pending before the Court specially established for the purpose of

trying particular cases, the same cannot be transferred to any

other Court due to lack of jurisdiction. Further as C.C.No.1734 of

2020 is now pending on file of Principle Junior Civil Judge at

Chodavaram, the prayer in this petition cannot be granted.

10. In view of the above and on the ground that S.C.No.113 of

2010 which is pending on the file of Assistant Sessions Judge is

transferred to Principal Junior Civil Judge, Chodavaram and

renumbered as C.C.No.1734 of 2020 after deletion of Section 307

I.P.C. pursuant to the order passed by this Court in

Crl.R.C.No.3082 of 2017, this petition deserves to be dismissed.

11. Accordingly this transfer criminal petition is dismissed.

Consequently, miscellaneous applications pending, if any, shall

stand closed.

___________________________ LALITHA KANNEGANTI, J Date :20.03.2021 IKN

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

(dismissed)

TRANSFER CRIMINAL PETITION No.20 of 2020

20.03.2021

IKN