Yellapragada Prahankar Prabakar ... vs The State Of Telangana
2022 Latest Caselaw 935 Tel

     HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

     TRANSFER CRIMINAL PETITION No. 2 OF 2022

O R D E R:

This Petition is filed to withdraw C.C.No. 1 of

2021 from the file of the Metropolitan Sessions Judge at

L.B. Nagar and transfer the same to the Court of the

Principal Sessions Judge at Mahabubnagar.

2. The brief facts of the case are: on 19.06.2014,

at about 13.00 hours, the 3rd respondent - complainant

lodged a report at L.B. Nagar Police Station stating that he

purchased plots in Survey Nos. 698 to 713/A located at

Chegur Village, Kothur Mandal, Mahabubnagar District

from the petitioner in the venture styled as 'Veda Gayatri

Brahmana Agraharam'. It is alleged that the petitioner

herein sold the plots posing himself to be the absolute

owner and possessor of the said property with a fabricated

lay out and induced general public to believe the same and

got them purchased the plots with a dishonest intention to

cause loss to them. Subsequently, it has come to light that

the petitioner is not the owner. In that connection, FIR No.

558 of 2014 was registered at L.B. Nagar Police Station and

the same was subsequently numbered as C.C.No. 1 of

2021 on the file of the Metropolitan Sessions Judge at L.B.

Nagar. Now the petitioner seeks transfer of the same to the

Court of the Principal District and Sessions Judge at

Mahabubnagar as other cases filed against him are

pending at that Court.

3. Learned counsel for the petitioner Smt. Y.

Ratna Prabha submits that certain complaints were lodged

before the police and also before the Consumer Forum

alleging that they have purchased plots from the petitioner

who has clamed to be the owner and possessor of the said

property with a fabricated lay out, induced general public

to believe the same and got them purchased the plots with

a dishonest intention to cause loss to them. It is stated

that the Government of Telangana issued G.O.Ms.No. 28,

dated 03.03.2016 passing interim orders attaching the

disputed properties pertaining to the petitioner and the

attachment order passed by the government was made

absolute by the Principal Sessions Judge at Mahabubnagar

in Crl.M.P.No. 298 of 2016. It is submitted that 3rd

respondent herein has filed a complaint before the police

which is numbered as Crime No. 558 of 2014 and later the

investigation was transferred to the CID as per the orders

of the Additional Director General of Police dated

20.07.2017 and after completion of investigation, charge

sheet was filed before the Metropolitan Sessions Judge,

L.B. Nagar and the same was numbered as C.C.No. 1 of

2021. Learned counsel for the petitioner submits that the

competent authority is at Mahabubnagar, properties are at

Mahabubnagar, as such, if this case is transferred to the

Court of the Principal Sessions Judge at Mahabubnagar,

as some other connected matters are also pending thereat,

all of them can be tried together by the same Court and

also there will not be any conflicting judgments.

4. On the other hand, learned counsel for the 3rd

respondent filed a detailed counter. He submits that the

petitioner with a dishonest intention from the inception of

the transaction lured the innocent people and played fraud

on them, induced to part with their hard-earned money

and registered the plots with fictitious plot numbers

though there is no land existing. Further, it is submitted

that the case is pending for trial before the Metropolitan

Sessions Judge at L.B. Nagar for appearance of accused on

16.02.2022. It is submitted that the office of the petitioner

is situated at Kothapet, Dilsukhnagar, Ranga Reddy

District which is within the territorial jurisdiction of I

Additional District and Sessions Court at Ranga Reddy

District and the said Court is the proper Court to try the

criminal cases, but not the District Court at

Mahabubnagar. It is also submitted that the petitioner has

suppressed the stage of the proceedings in C.C. No. 1 of

2021 at Ranga Reddy District Court and C.C. No. 1 of 2020

at Mahabubnagar District and filed the present petition

projecting as if the proceedings of both the cases are at the

same level. It is stated that C.C. No. 1 of 2021 was posted

for evidence whereas Criminal Case No. 2 of 2020 which is

pending at District Court, Mahabubnagar is still in the

primitive stage. It is also stated that the Petition is filed

only with an intention to protract the proceedings and

absolutely, there are no bona fides in this Petition. It is

submitted that financial transactions have taken place at

bank and cash by hand at the places of Ranga Reddy

District and Hyderabad and bank accounts of the

petitioner and purchases were made at Hyderabad and

Ranga Reddy Districts. It is stated that while transferring

the case, the convenience of both the parties have to be

taken into consideration and if this matter is transferred to

Mahabubnagar, it would cause hardship and prejudice to

the 3rd respondent, who is a senior citizen. It is submitted

that the petitioner has failed to comply with any of the

orders passed including the orders passed by the National

Consumers Disputes Redressal Commission. The petitioner

has no respect to Rule of law and further, the petitioner

could not make out any grounds for transfer of case from

Ranga Reddy District to Mahabubnagar. Hence, the

learned counsel requests that this Petition may be allowed.

5. Having heard the learned counsel on either

side, perused the material on record.

6. Admittedly, the properties are situated within

the jurisdiction of the Court at Mahabubnagar and the lay

out developed by the petitioner is in Survey Nos. 698 to

718 of Chegur Village of Kothur Mandal, Mahabubnagar

District and the government issued G.O.Ms.No. 28, dated

03.03.2016 passing an interim attachment order which

was made absolute by the Principal Sessions Judge,

Mahabubnagar on 24.05.2016. There are several similar

cases pending before the Courts at Mahabubnagar and as

the properties are situated at Mahabubnagar, if this case is

tried in the Court at L.B. Nagar, there is every likelihood of

rendering conflicting judgments and it would be feasible for

the Court at Mahabubnagar where attachment orders of

properties are made absolute, to adjudicate the issue. As

the entire investigation is completed and the charge sheet

is also filed, there is no need for the 3rd respondent to go to

the Court for each and every adjournment to appear in the

matter. This Court therefore, deems it appropriate to

withdraw C.C. No. 1 of 2021 from the file of the

Metropolitan Sessions Judge at L.B. Nagar and transfer the

same to the Court of the Principal Sessions Judge at

Mahabubnagar.

7. The Transfer Criminal Petition is accordingly,

allowed. C.C. No. 1 of 2021 is withdrawn from the file of

the Metropolitan Sessions Judge at L.B. Nagar and

transferred to the Court of Principal Sessions Judge at

Mahabubnagar which shall complete the trial as

expeditiously as possible, but not later than six months.

___________________________ LALITHA KANNEGANTI, J 28th February 2022

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