Telangana High Court
Aelipedi Madhusudan Reddy And 5 ... vs State Of Telangana And Another on 28 October, 2022
Bench: K.Surender
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
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 Accordingly, C.C.No.963/2020 is withdrawn on the file of the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.
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
THE HON'BLE SRI JUSTICE K.SURENDER
TRANSFER CRIMINAL PETITION No. 40 OF 2022
Dt.28.10.2022
tk
