K.Amarender Reddy vs The State Of Telangana And Another
2022 Latest Caselaw 1884 Tel

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       THE HON'BLE SRI JUSTICE UJJAL BHUYAN

     TRANSFER CRIMINAL PETITION No.42 OF 2021

ORDER:

Heard Mr. P. Pradeep Kumar Reddy, learned counsel for

the petitioner; Mr. S. Ganesh, learned Public Prosecutor for

respondent No.1 State of Telangana; and Mr. Suresh Babu,

learned counsel for respondent No.2.

2. This transfer petition has been filed for transfer of

C.C.No.345 of 2015 on the file of Prl. Judicial Magistrate of

First Class, Janagon, Warangal District to the Court of

Special Sessions Judge for the Trial of MPs/MLAs at

Nampally, Hyderabad in Sessions Case No.2 of 2020.

3. It is stated that on a complaint lodged by the second

respondent Judicial Magistrate of First Class, Janagon,

Warangal District had taken cognizance under Section 200 of

the Criminal Procedure Code, 1973 against the petitioner for

offences under Sections 499, 500, 503 and 509 of Indian

Penal Code.

4. In the hearing today, learned counsel for respondent

No.2 has placed before the court a copy of judgment and

order dated 08.12.2021 passed by the learned Special

Sessions Judge for Trial of Criminal Cases relating to elected

MPs/MLAs of the State of Telangana, Hyderabad in Sessions

Case No.2 of 2020. From a perusal of the said judgment and

order, it is seen that learned court below had arrived at the

finding that the prosecution had failed to prove the guilt of

the accused for any of the charges framed against them.

Accordingly, the accused persons have been acquitted.

5. Since the prayer was to transfer C.C.No.345 of 2015 to

be tried with Sessions Case No. 2 of 2020, in view of acquittal

of the accused persons therein and disposal of Sessions Case

No.2 of 2020, question for transfer may not arise at this

stage.

6. Learned counsel for the petitioner submits that steps

are being taken for preferring appeal against the judgment

and order dated 08.12.2021.

7. Be that as it may, in view of what we have discussed

above, no case for transfer is made out at this stage.

8. Accordingly, the transfer criminal petition is disposed

of. No costs.

9. Miscellaneous petitions if any, pending in this

arbitration application shall stand closed.

____________________ UJJAL BHUYAN, J

Date: 13.04.2022.

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THE HON'BLE SRI JUSTICE UJJAL BHUYAN

TRANSFER CRIMINAL PETITION No.42 OF 2021

Date: 13.04.2022

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