Mrs. Megha Shyama Sundari v. Sri Kurapati Nageswar

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO TRANSFER CRIMINAL PETITION No.290 of 2015 ORDER:

Heard learned counsel for the petitioner, who is the defacto complainant of crime No.230 of 2012, dated 20.05.2012, for the offences punishable under Sections 307, 498-A & 506 IPC and Sections 3, 4 & 5 of Dowry Prohibition Act and Section 25(1) of Indian Arms Act and the police after investigation, having registered the crime against the transfer petition respondents 1 & 2 as A1 & A2, filed the final report, that was taken cognizance by the learned Committal Magistrate and after committal, the Court of Sessions allotted S.C.No.682 of 2013 and the case is pending, schedule is also stated given for commencement of trial.

At this stage, the defacto complainant now seeks transfer of the case from the present Presiding Officer of the IV Additional Metropolitan Sessions Court, Nampally, Hyderabad to any other Metropolitan Sessions Judge of the Unit, even saying the officer is opening his mind saying the accused either to compromise with defacto complainant or manage to get the witnesses to turn hostility to the truth of the prosecution. This allegation, the Court is not believing, much less, when the schedule is already given for conducting trial, to cancel the same or to transfer the case to some other court, but for to say, a judicial restraint is required for a Judicial Officer within his wisdom if at all, there is any little truth in the comment of same is impermissible.

However, that cannot even be attributed as a prejudice to the prosecution or favour to the accused therefrom, much less, to transfer by considering the same as a ground.

Dr.SSRB,J Cr.P.C., as per Section 24(8) proviso, the defacto complainant if victim, is entitled to seek by filing application for conducting prosecution including by engaging any private advocate either to assist the public prosecutor or in addition to the public prosecutor conducting the prosecution for permitting the private counsel also to put questions and elicit certain facts in favour of prosecution if any.

Accordingly and with the above observation, but for any such remedy, there are no grounds to transfer, thereby, this Criminal Petition is disposed of.

Pending miscellaneous petitions, if any, shall stand closed. _____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 23.10.2017 ska