Magapu Subba Rao, v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-06-2015
CORAM:
THE HONOURABLE MR. JUSTICE P.DEVADASS Crl.O.P.No.8443 of 2015 and M.P.No.1 of 2015 1.Magapu Subba Rao 2.Chode Ramakrishna 3.Konda Venkataratname 4.Dukkipati Satyanarayan 5.Duvva Sesha Babji 6.Badugu Balram 7.A.V.V.Sathyanarayana @ Wilson 8.Kada Pavan Prasad 9.Chitturi Rajesh 10.Dasari Ganeswara Rao 11.Guttala Veera Bhadhra Rao 12.Medisetty Veera Arjuna Rao 13.Nandikolla Ganga Raju 14.Nimmana Surya Babu 15.Sreepadam Thammeswara Rao 16.Kanderi Sridhar 17.Sadanala Dura Prasad 18.Nookala Srinivasa Rao 19.Bonda Surya Bhawan 20.Geddam George Victor Babu 21.Melakala Suryanarayana 22.Podugu Gopalkrishna 23.Raya Suryaprasad 24.Geddam Radhakrishna 25.Katakam Sanjeeva Rao 26.Samana Ganga Prasad 27.Takumudu Veera V.C.Sekar 28.Chinta Naga Vara Prasad 29.Adabala Samba Siva Rao 30.Kamidi Rambabyu 31.Dhulipudi Madhava Venkatta 32.Gola Koti Srinivasa Rao 33.Kommana Nageshwara Rao 34.Pesala Veera Venkatesh 35.Malakala Venkatramana 36.Gude Durga Prasad 37.Khandavalli Ram Babu 38.Koppanadi Udaya Bhaskar 39.Pillai Appa Rao 40.Salla V.Bashveswara Rao
41.Uchula Ram Babu 42.Sunkara Karteek 43.Chintakula Lova Raju 44.Pachamala Kishore Babu 45.Kodi Chinna Rao 46.Gudala Satyanarayana 47.Khaki Nageswara Rao 48.Mandapak Satyanarayana 49.Yandamuri Hanumatha Rao 50.Chaganti Venkata Subramanyam 51.Kamedi Appa Rao 52.Adivi Naga Venkataka Kodanda Ramu 53.Jagadam Srinu 54.Duvvada Venkata Rao 55.Kalla Jaya Raju 56.Peddy Reddy Eswara Rao 57.Medisetty Durga Rao 58.Koppula Satti Raj 59.Rudra Subhramanyam 60.Jillela Srinivas J.Manikyam 61.Pachimala Vijayakumar 62.Chappidi Srikanth 63.Anem Sreenu Babu 64.Kollu Srinivas 65.Yerragunta Suriyanarayana 66.Chintapalli Appa Rao 67.Tilapudi Srinivas 68.Ruthala Suryanarayana 69.Yella Raju 70.Vasamsetty Rama Krishna 71.Thanink Durgayya 72.Pendam Veerababu 73.Maganti Ravi 74.Pasupulati Venkata Shivaji 75.Pennanda Sathish 76.Saladi Udhya Bhaskar Rao 77.Vasamshetty Srinivas 78.Pampana Nageswara Rao 79.Uisha Srinivasa Rao 80.Samanasa Veerababu 81.Vangalapudi Vasantha Kumar 82.Gadi V.V.S. Subramaneswara Sarma 83.Vaddi Srinivasa Murthy 84.Kondamuri Shri Hari ... Petitioners vs.
State Represented by Inspector of Police, CBI, SCB, Chennai.
... Respondent
Petition filed under Section 482 Cr.P.C., to set aside the order passed in Crl.M.P.No.1672 of 2014 in C.C.No.35 of 2014 on the file of the Chief Judicial Magistrate, Puducherry dated 30.1.2015 to transfer the case from Puducherry to Yanam.
For Petitioners : Mr.S.Doraisamy For Respondent : Mr.K.Srinivasan, Special Public Prosecutor for CBI Cases.
O R D E R
This petition under Section 482 Cr.P.C. has been filed by the accused to set aside the order of the learned Chief Judicial Magistrate, Puducherry passed in Crl.M.P.No.1672 of 2014 in C.C.No.35 of 2014 which has been filed to constitute a Camp Court at Yanam to try the said Calender Case.
2. Totally 84 persons are being prosecuted in the said case before the said Court. Prosecution is being conducted by the Special Crime Branch of CBI, Chennai. This case is concerned with certain alleged occurrence which took place in the Yanam.
3. Certain parts of the Union Territory of Puducherry spreads into three states viz., (i) Tamil Nadu, (ii) Andhra Pradesh and (iii) Kerala. The scene of occurrence situate in the Yanam bordering State of Andhra Pradesh. Between Yanam and Puducherry, it is 920 kilometers.
4. According to the learned counsel for the petitioners that the petitioners are poor and they have to travel 980 kilometers to come to Puducherry to attend in this case. In the circumstances, in the interest of justice, the impugned order of the learned Chief Judicial Magistrate, Puducherry may be set aside and a direction may be issued to conduct a Camp Court at Yanam to try this Calendar Case.
5. The learned Special Public Prosecutor for CBI Cases submitted that CBI Courts have been constituted in certain specified places in the State of Tamil Nadu and in the Union Territory of Puducherry. In the Union Territory of Puducherry, the Principal Judge, Puducherry deals with Sessions Cases and certain other categories of cases of CBI. The learned Chief Judicial Magistrate, Puducherry is also a designated Court for CBI Cases. In Yanam, there is no such designated Court.
6. I have anxiously considered the rival submissions and perused the impugned order of the Trial Court.
7. Constitution of a Camp Court is a matter relating to administrative side of the High Court. It is not connected with transfer of a case. Section 482 Cr.P.C. conferring inherent jurisdiction also enables the Court to pass orders in the interest of justice. But in exercising such jurisdiction power, this Court cannot overstep certain specific provisions nor it can deal with administrative matters.
8. Now in this case, there are 84 accused. They have to come all the way from Yanam to Puducherry covering 980 kilometers. Even the Trial Court has taken note of this and gave them liberty to file petition under Section 205 Cr.P.C.
9. In the circumstances, petitioners will file a petition under Section 205 Cr.P.C. before the Trial Court and the Trial Court will liberally consider the petition and dispense with the personal appearance of the petitioners and it can direct them to appear for effective hearings.
10. Accordingly, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Svn Copy to:
1. The Principal Judge, Puducherry.
2. The Chief Judicial Magistrate, Puducherry.
3. The Inspector of Police, CBI/SCB/Chennai.
4. The Special Public Prosecutor for CBI Cases, High Court, Madras.
+1cc to Mr.S.Doraisamy, Advocate, S.R.No.26214 Crl.OP 8443 of 2015 ACA(CO) CA(12/06/2015)