Telangana High Court
Thera Manipal Reddy And Another vs The State Of Telangana And Another on 13 December, 2021
Bench: Lalitha Kanneganti
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
TRANSFER CRIMINAL PETITION No.104 of 2019
ORDER:-
This transfer criminal petition is filed under Section 407 of
the Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking
transfer of C.C.No.975 of 2017 on the file of Junior Civil Judge-
cum-Judicial Judicial First Class Magistrate, Devarakonda to the
Special Sessions Judge for Trial of Offences under SC ST (POA)
Act, Nalgonda.
2. Heard Sri Tera Rajinikanth Reddy, learned counsel for the
petitioner and the learned Assistant Public Prosecutor appearing
on behalf of the 1st respondent-State. This Court by order dated
11.11.2021 permitted the petitioner to take out personal notice on
the 2nd respondent. Learned counsel for the petitioner filed a
memo along with track consignment, which reveals that notice was
served on 08.12.2021, but none appeared on behalf of 2nd
respondent.
3. Learned counsel for the petitioner submits that it is a case
and counter case and initially after conducting investigation, the
first complaint was numbered as S.C.No.83 of 2016 and the
second complaint, where the petitioner is the defacto complainant
was numbered as C.C.No.975 of 2017. He submits that one of the
witnesses in both the cases is one and the same and the offence
alleged in one case is under the provisions of SC ST Act, which is
pending before the Special Sessions Judge. He submits that
C.C.No.975 of 2017 may be transferred to Special Sessions Court.
He submits that initially the petitioner has moved the Court below
by filing Tr.Crl.M.P.No.904 of 2019 and the same was dismissed by
order dated 27.09.2019, wherein the learned Judge observed that
the incidents that are subject matter of both cases are different,
whereas in S.C.No.83 of 2016 the incident is alleged to have
occurred when the petitioners 1 and 2 had assaulted the second
respondent, who was transporting some beer bottles, whereas in
C.C.No.975 of 2017 the incident occurred subsequent to the
incident alleged in S.C.No.83 of 2016 and also had occurred at a
different place and the accused in that case are also different. It
was further observed that the motive for the offence in C.C.No.975
of 2017 is alleged to be the incident that took place in S.C.No.83 of
2016, but both the incident are not part of the same transaction.
The case and counter case are defined as two versions of the same
transactions, such is not the case here, as such the cases need not
be tried together.
4. Heard the learned counsel for the petitioners and perused of
entire material on record. On perusal of the charge sheets filed in
both the cases, it appears that the first complaint was numbered
as S.C.No.83 of 2016 and the second complaint, where the
petitioner is the defacto complainant was numbered as C.C.No.975
of 2017 and one of the witnesses in both the cases is one and if
both the cases are tried by different Courts, there is every
likelihood of conflicting of judgments. Moreover, if the both the
cases are tried by one Court, no prejudice would be caused to the
parties. Though the petitioner has not asked the relief to club both
the cases, it would be expedient in the interest of justice to order a
common trial to be conducted in both the cases, otherwise, there is
no purpose in ordering transfer of the case.
5. Accordingly, the transfer criminal petition is allowed and
C.C.No.975 of 2017 on the file of Junior Civil Judge-cum-Judicial
Judicial First Class Magistrate, Devarakonda to the Court of
Special Sessions Judge for Trial of Offences under SC ST (POA)
Act, Nalgonda for conducting joint trial along with S.C.No.83 of
2016 in accordance with law. No costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
___________________________________
JUSTICE LALITHA KANNEGANTI
13th December, 2021
PVD
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
(ALLOWED)
TRANSFER CRIMINAL PETITION No.104 of 2019
13th December, 2021
PVD
