The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in SC No. 38 of 2024 on the file of the prl. District and sessions Court, at Jagtial, till the disposal of the Main transfer petition in the interest of the justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crim,nal Petition and upon hearing the arguments of Mr. Laxmaiah Kanchani, Advoc rte for the Petitioners and the lvlr- Syed Yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent No.1 and of Mr. K. Krishna Kalyan, Alvocate for the Respondent No.2. The Court made the following: ORDER THE HONOURAI}LO SRI JUSTICE J. SREDNIVAS RAO TRANSFER CRIMINAL PETITION No.l8 of 2025 ORDER: This Transler Criminal Petition is filed undcr Section 447 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS'), by the petitioners, seeking to transfer S.C.No.38 of 2024 pending on the file ol'the learned Principal District and Sessions Court, Jagtial to the file of the any competent CoLrrt/l)istrict and Sessions Court situated at Sircilla for lair and irrpartial trial

2. Flcard Mr.Laxrnaiah Kanchan. lcarned counsel fbr the petitioners, Mr.Syed Yasar Marnoon, lcamed Additionat Public Prosecutor for respondent No. I -State and Mr.K. Krishna Kalyan, learned counsel lor respondent No.2

3. The brief lacts ol- the case are that respondent No.2lde-facto complainant lodged a complaint against the petitioners, stating that petitioners have killed the deceased by beating with stick, beer bottles and boulder on deceased head and attempted to murder him. Basing on the same, Crime No.88 of 2023 was registered for the offence under Sections 302,307 and 506 r/w 34 Indian Penal Code, 1860. Thereafter, 2 i: h;- ,f. the investigatirrg olficcrs after conducting investigation, tilcd charge sheet and thc sarne rvas numbelcd as S.C.No.38 of ).1t24 on the llle of thc I Addition:l District and Sessions Coun at Jagtial. In the said case, on 02.01 .202 i . the lcarned Magistrate l'txed schedule and issucd sunlmons to thc witness. On 20.01.2025. the above said case was translered to the CoLrft of Principal District anr-l Sessions Court. Jagtial, pulsu.rnl to thc orders passed vidc Dis.No. lT6lCrllDCl/2025, dated 17.01.1()25. 'Ihereafter, petitioners have fileil plesent 'l'rausl'er' Crirninal Petition secking to transler thc ab<x,c S.C.No.38 o1' l02zl lrom the l)rin.:ipal l)istrict and Sessions Court, Jagtiirl to thc lilc ofany competerlt CoLrrt/District and Sessions Cour.t situatecl at Sircilla lor lair and irnpartia tlial, on the glound that Additional Public Plosccutor was lamilr, li crrd of respondent No.2/defrcto complainar-rl

4. [,carncr.1 counsel for the petitioncrs sLrlrmittecl that or-r

02.01.2025. ,rre I Additional District and Sessions .ludge. Jagtial lixcd the schcdulc and issrred summons to thc witnesses. Thercafter, on

20.01.2025, thc above said case was rransferred to the Court of Principal District and Sessions Court, Jagtial. l{e further. submitted that since the Adrlitional Public Prosecutor is a farnily tiend o1'r.espondent No.2lde-Jacr,t cornplainant, the petitioner would not get a fair trial. 3 Howcver', il the case is transfened to any other cour1, no prejudioe would be caused to respondent No.2.

5. Per contra, learned counsel for respondent No.2 submitted that petitioners have filed this petition with an intention to drag on the matter and to avoid fair and impartial trial before the learned Principal District and Sessions Judge Cou( at Jagtial and the petitioners are not entitled fbr relief sought in this petition

6. Learned Additional [)ublic Prosecutor tbr respondent No. l-State submitted that petitionels are entitled to subnrit application before the Director ofProsecution, explaining reasons and on such application the Director ofProsecution can appoint any other Public Prosecutor. 7 . Having considered the rival submissions made by the respective part.ies and after perusal olthe rraterial available on record, it reveals that initially S.C.No.38 ol 2024 IS pending on the file of the I Additional District and Sessions Court at Jagtial and on 02.01.2025, the learned Magistrate t'ixed schcdule and issued summons to the witness. On 25.02.2025, the above said case was transferred to the Court of Principal District and Sessions Court, Jagtial, pursuant to the orders passed vide Dis.No. lT6lCrl/DCJ12025, dated 17.01.2025. The 4 record further. discloses that thc petitioners have illed this Petition seeking to tlansf'cl S,C.No.38 ol 2024 lrom the Principal District and Sessions CloLrr:- .la-!rtial to the lllc of any compctent Clou rti I) istrict and Sessions Cour r. sitnated at Sircilla for fair and impartial trial, on the sole ground rlat the lcarned Additional Public I'rosecutor rvho is conducting ploceedings before the Principal ancl Sessions Court, Jagtial is a farrily lriend of respondent No.2/de-facto cornplainant. [t is rlot in disput.' that petitioncrs are also entitled to Lnakc apltlication bclbrc thc [)i ector ol prosecutiou requesting hinr lo entrust thc said S.('. to anl otlrer Public [)rosecutor

8. Takine into consideration the lacts and cilcumstanccs of the case. this (l,,ur1 clccurs it appropriatc to dispose ol thc 'l ransf-cr Climinal Pet tion. pelmitting the petitioners to sr-rbmir applicarion bclorc tl-rc Director of Prosecution, explaining reasons for deputing anv other I)ublic I)rosccutor or Additional Public Prosecutor to con(lucr the procecdings n S.C.No.38 of 2024 on the file of the lean.rcd Principal District and Sessions Judge at Jagtial and on such application the Director of l)rosecution is directed to consider ihc sarne and pass appropriate orders, rvithin a period of th-ree (3) weeks frorr the date of subrnission t,1' apltlication, after giving opportunity to respondent No.2 *. g. With the above direction, the Transfer Criminal Petition is disposed of. No costs. l Miscellaneous applications, pending if any, shall stand closed. Sd/. K. SREE RAMA M DEPUTY REGI HY TRAR //TRUE COPY// To, SECTION OFFICER

1. 2. J. 4 5 D The Principal District and Sessions Court, Jagtial The Station House Officer, Mallial Police Station, Jagtial District. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. IOUT] One CC to Mr. Laxmaiah Kanchani, Advocate [OPUC] One CC to Mr. K. Krishna Kalyan, Advocate [OPUC] Two CD Copies HlGH COURT DATED:1 510412025 -1 f- {t\ts srAI a ( q c 17 APH 2[25 .1.-:'...e.,7, ..,-:,:_:.:- . ,: 't' :a i/ ./ ORDER TRCRLP.No.18 of 2025 DISPOSING OF THE TRANSFER CRIMINAL PETITION