Kanya Murali v. Thalla Shiva Shankar , Shiva

HONOURABLE JUSTICE G. SRI DEVI TRANSFER CRIMINAL PETITION No. 245 of 2018 ORDER:

1.

Heard learned Counsel for the petitioner;

learned Additional Public Prosecutor and Sri A.Krupadhar Reddy, learned counsel appearing for respondents/ accused.

2.

This Transfer Criminal Petition is filed under Section 407 of Cr.P.C., seeking transfer of S.C.No.289 of 2017 on the file of the VIII Additional District and Sessions Judge, Medak to the Court of the Principal District and Sessions Judge, L.B.Nagar, Ranga Reddy District.

3.

The petitioner herein lodged a report stating that he performed the marriage of his daughter Thalla Dharanisree with the first respondent in the year 2010. After the marriage both the couple led their marital life happily and thereafter, some differences arose between them. He convinced them and pacified the issues. Later, his daughter came to him and informed that her husband and in-laws were harassing her for dowry, on which he has given a house site admeasuring 350 square yards. Later on 17.11.2014 at about 11.25 a.m., he received information that his daughter died and the dead body of her daughter is laid in Surender Hospital.

The petitioner got suspicion against respondents 1 to 5 for causing the death of his daughter. Basing on the said report, a case in Crime No.174 of 2014 of Medak Police Station, came to be registered for the offences punishable under

Sections 302, 304 (B), 498-A and 201 read with 109 IPC. After completing investigation, a charge sheet came to be filed before the Judicial Magistrate of First Class, Medak, who inturn committed the case to the Sessions Division, wherein it came to be numbered as S.C.No.289 of 2017.

4.

It is stated that respondents 1 to 5 ie. accused Nos.1 to 5 are threatening the petitioner, his wife Kanya Amrutha and his son Kanya Harinder, not to give evidence before the Court concerned otherwise they will kill them. He made a report to the Medak Police for such threatening, but the police did not take any action. It is further stated that respondents 1 to 5 are politically influential persons and they are the natives of Muthaikote, Medak Mandal and the petitioner and his family members have life threat in the hands of respondents 1 to 5, since on earlier occasion the respondents/ accused used to proclaim that they will kill them if they attend the Court.

5.

A perusal of the material on record would show that there are no allegations against the Presiding Officer where the sessions trial is pending. If the petitioner has any grievance about the threat to his life and the life of his family members in the hands of the respondents/ accused, he may file a petition before the Court concerned to give police protection to them. In the absence of any such allegations against the Presiding Officer concerned, this Court is not inclined to transfer the Sessions Case from Medak District to Ranga Reddy District.

6.

Accordingly, the Transfer Criminal Petition is dismissed. As a sequel thereto, Miscellaneous Petitions, if any, pending, shall stand dismissed.

________________ JUSTICE G. SRI DEVI 24.06.2019 gkv