Telugu Govindamma v. Balija Shiva Shankar And 10 Others
[ 32se ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE DR. JUSTICE D.NAGARJUN TRANSFER CRIMINA L PETITION NOl.45 OF 2O22 Between:
Telugu Govindamma, Wo Telugu Pedda Ramudu, Hindu, aged about 60_years, Occ.-Agriculture, Rl/o Peddapalli Village, Maldakal Man Jogulamba Gadwal District, TS
...Petitioner/ Mother of Deceased
AND Balija Shiva Shankar, S/o Balija Veeranna, Age 42 yearc, Hindu, Caste Balija, Occ. Agriculture, R/o Peddapalli Village, Maldakapdandal, Jogulamba Gadwal District, TS.
Balija Virupakshi, S/o. Gandhi, Age 52 years, Hindu, Caste Balija, Occ. Agriculture, R/o Peddapalli Village, Maldakal Mandal, Jogulamba Gadwal Diskict, TS.
Uppari Ajay, S/o PeddaKistanna, Age 46 years, Hindu, Caste Uppari, Occ. Agriculture, Rl/o Peddapalli Village. Maldakal Mandal, Jogulamba Gadwal District, TS.
Boya UdutalaThimmanna, S/o Yellappa, Age 51 years, Hindu, Caste Boya, Occ. Agriculture, Rl/o Peddapalli Village, Maldakal Mandal. JogulambaGadwal District, TS.
Duvasipally Anjaneyulu, S/o Ranganna, Age 46 year, Hindu, Caste Boya, Occ. Agriculture, ' R/o Peddapalli Village, Maldakal Mandal Jogulamba Gadwal District, TS.
Uppari Ashok, S/o Shivanna, Age 38 years, Hindu, Caste Uppari, Occ. Agriculture, R/o Peddapalli Village, MaildakaI Mandal, Jogulamba Gadwal District, TS.
Dubbi Ramudu, S/o Sayanna, Age 66 years, Hindu, Caste Boya, Occ. Agriculture, R"/o. Peddapalli viitage, ir,taioakal'Mandal, Jogulamba Gddwal District, TS.
The State of Telangana, rep.by the Public Prosecutor, High Court at Hyderabad.
- The Director of Prosecutions, Telangana, DGP Office Complex, Saifabad, Hyderabad.
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The State of Telangana, rep by its Principal Secaetary, Home (Courts. 41) Department, Secretariat, Hyderabad.
The Station House Officer, Maldakal, Jogulamba Gadwal Districl 1.
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'ONDENTS Petition under Section 407 Cr.P.C praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer S.C No
346 of 2008 on the file of the Principal District and Sessions Judge, Jogulamba Gadwal District to the competent Criminal Court of law in the State of Telangana in the interest of justice.
l.A. NO: 1 OF 2022 i Petition under Section 151 CPC praying that in the circumstances stated in i the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in S.C.No.346 of 2008 on the file of the Principal District and Sessions Judge, Jogulamba Gadwal District pending disposal of the main TR.CRL.P., This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri l Venkateshwarlu Gummadavelly, Advocate for the Petitioner and Sri P. Giri l Kumar, learned Counsel for the Respondents No. 1 & 2, Sri N.Janardhan Reddy, Iearned Counsel for the Respondent No.3, Sri R. Laxmikanth Reddy, learned counsel for Respondent No.4 & 5, Sri P.Devender, learned counsel for Respondent No.6 & 7, and Sri T.V.Ramana Rao Learned Additional Public Prosecutor on behalf of the Respondent No. 8 to 10. i i The Court made the following: ORDER i !
THE HONOURABLE DT. JUSTICE D. NAGARJUN TRANSFER CRIMINAL PETITION No.45 OF 2O22 ORDER:
This Transfer Criminal Petition is filed by the petitioner under Section 4O7 of the Criminal Procedure Code (for short 'Cr.P.C.') seeking transfer of S.C.No.346 of 2OO8 on the lile of the learned Principal District & Sessions Judge, JogulambaGadwal District, to the competent Court of Law in the State of Telangana.
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02. Heard Sri B. Narayana Reddy, learned Senior ;
Counsel appearing on behalf of Sri Gummadavelly t Venkateshwarlu, learned counsel for the petitioner as well as tl Sri T. V. Ramana Rao, learned Additional public prosecutor for the State / Respondents No.S to 10, Sri p. Giri Kumar, learned counsel for the respondents Nos. 1 and 2, Sri N. Janardhan Reddy, learned counsel for the respondent No.3, Sri R. Laxmi Kanth Reddy, learned counsel for the respondents Nos.4 and 5 and Sri p. Devendei-, learned counsel for the respondents Nos.6 and 7 ald perused the record.
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03. It is submitted by the learned counsel for the petitioner that the petitioner has an apprehension that the learned trial Judge 1S unduly influenced by the accused therein through the learned Public Prosecutor therein and sought for transfer of S.C.No.346 of 2OO8 on the file of the learned Principal District & Sessions Judge, JogulambaGadwal District to any other competent Court in the State of Telangana
04. During the course of hearing, the learned counsel for the petitioner and the learned counsel for the respondents have reported no objection lor transferring S.C.No.346 of 2OO8 to the learned Principal District & Sessions Judge, Mahabubnagar.
05. No material is placed by the learned counsel for the petitioner in support of allegations attributed by him Time and again some litigant public are filing this kind of petitions attributing false and baseless allegations. Courts shall be very slow in entertaining this kind of petitions seeking tralsfer of cases from one Court to another. However, considering the consent given by learned counsel
J for the respondent, even though there are no merits in the allegations leveled against the learned trial Judge in this Transfer Criminal Petition, this Transfer Criminal Petition is disposed of transferring S.C.No.346 of 20OB on the file of the learned Principal District & Sessions Judge, JogulambaGadwal District to the learned Principal District & Sessions Judge, Mahabubnagar, for disposal in accordance with law. There sha1l be no order as to costs.
As a sequel, pending Miscellaneous Applications in this matter, if any, shal1 stand closed.
Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR L.ID //TRUE COPY// SECTION OFFICER To, 1 . The Principal District and Sessions Judge, Jogulamba Gadwal District
2. The Station House Officer, Maldakal Jogulamba Police Station, Gadwal District
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI
4. One CC to Sri. Venkateshwarlu Gummadavelly, Advocate [OPUC]
5. Two CD Copies BJLB DL \\-
HIGH COURT DATED:2O10112023
ORDER
TRCRLP.No.45 of 2022 c t{ t frT4 k )o \ 11 APf 2U3 ;.
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i TRANSFER CRIMINAL PETITION IS DISPOSED OF