The High Court · 2025

The State of Telangana, I hrough Public Prosecutor' High Court for State of Telangana at HYderabad' :iJ,:,"aB?gli,l3:et ji^i:"M:igJl3,"#-:o,d*'zdb:31""t9?"0ncoorie'R/o ...RESPONDENTS 2E Years, Caste Madiga' Occ'

3. Sandepogu Joseph, S/o Savaranna' Age Agrl., Addakula Ejkel, S/o Chinna Veeranna' Age' 21 Years' Caste Madiga' Occ SandePogu Daveedu, S/o Savari' Age 35 Years, Caste. Madiga-SC' Occ Agrl , 4 5 Agri., 6 7 I AddakulaYesanna,s/oJammanna,Age50Years.Caste.Madiga-SC,occ Agrl., Sandepogu Shikamani, S/o Thippanna' Age 28 Years. Caste. Ir/ladiga-SC, Occ. Agrl., Sandepogu Babu, S/o Savaranna Age - 21 Years Caste Niadiga-SC' Occ Agri., Goula Viiav Reddy @ Vilay Mohan Reddy' Sio Sanleeva Reddy' Age I V.rri cisie. ReddY, occ Agd ' 10.Bhuma Venkatramr Reddy, S/o Govind Reddy, Age. 29 Years, Caste. Reddy, 11. Kapa Jaireddy, S/o Govinda Reddy' Age 28 years' Caste. Reddy' Occ Agrl Occu. Agri., ' ,,

13. Bhuma Damoohar F occu. Agn., fi::mff:eri Reddy, s/o Krishna Reddy, Ase 28 years, caste Reddy, ' leddy' s/o Thimma Reddy, Age. 42 year;, caste. Reddy, chittr:mma, wo yesanna, Age. 35 years, caste N,ladiga_sc, occ. 'o tgno'*,,, I""r'f,:ili"lH!,r1r,to,i",,.,lf are all R/o Jadidoddi virrase 01' reeja r\,4andar, (Respondent Nos' 3 ':o 14 are just formar parties, hence, not nec.)ssary parties) ...RESPONDENT Nos. 3 to 14IACCUSED Nos. 2 to 13 Petjtion unc err Section 447 of BNSS, 2023 prayrng that in the court may be p easer, ,. ffi;ljl: J::"1il:i:,:"J Il li,jii;jilJ,ll file of principar senio civil J udge-cum-Assistant sessions court Gadwar and transfer to and ciub rvith Spl. s.c No. 61 of 2021 on the special sessions Judge-cum-Vll Addrtional District and Sessions Judge (SC/ST) Court, circumsta nces statec in l lr4ahbubnagar. I.A. NO:1 O F 202s Petition under ll er srated in the a rrid av t,,,::1 1',:J-t]:;"11::,lt il"', ff :::,#; :: pleased to stay a, fu;ther proceedings in S.c. No. 45 0f 2-022 0n the fire of Principar senior civil ; udg e-cu m-Assista nt sessions court. Gadw,ar incruding personal appearance o. the petitioner. Counsel for the petitionr_.rs : Sri Baglekar Akash Kumar Counsel for the Resporr,ent No. 1 : Sri Syed yasar Mamoon, Additional public prosecutor Counsel for the Responclent No. 2: None appeared The Court made the follcwing: ORDER a) Ordet T T Hon' le fl ustlce .Sre niva Rao fer ml P .30 202 This Giminal Petition has been filed tmder Section'447 of Bharatiya Nagrik Suraksha Sanhita (BNSS), seeking transfer of S.CNo.45 of 2022, pending on the file of Principal Senior Gvil Judge -cum- Assistant Sessions Court, Gadwal' to the file of Special Sessions Judge -cum- MI Additional District Er Sessiors Judge (SC/ST) C-ourt, Mahabubnagar' to be tried along with Spl.S.CNo.6 | o{ 2O2l pending on its file'

2. Fleard Mr. Baglekar Akash Kumar, leamed counsel for the petitioner and Mr. Syed Yasar Mamoon, Ieamed Additional Public Prosecutor appearing for respondent No'l/State' 3 Learned counsel for the petitioner submits that punuant to this Crurt's order dated 17.03.2025, he sent penonal notice to respondent No.2, by way of registered Post with acknowledgment due and filed memo of proof of service uide 2 U.S.RNo.337'06 of 2025 on 25.03.2025, bur respon,lent No.2 refused ro receive the notice. According to rhe leamed counsel. resprondsnl No.2 rs the contesting responde,nt and as per Section 27' of GeneralClauses Act, refusal to receive notice is deemed seririce. He further submits that respondt:nts No.3 to 1.4 are nc)l necessary pafties and they are only pro fotma respondents.

4. Leamed cor.ursel for the petitioner further subrnits that based upon tir: complaint lodged by respondent No.2, crime No.169 of 2O2a was registered, on 03.07.2020 on th,: file of Ieeja Police Stadon, Jogulamba_Gadwal District, against the petitioner and L2 others for the offences under Sectic,ns 14g, 326, 324 k +Zt tpc r/w 149 of the Indian penal CoCe, 1g60 (IPQ and Sections 3(1)(s) and 3e)(va) of the Scheduled C:stes and the Scheduled Tribes (prevention of Atiocities) Amendment At,,-,20L5 (hereinafter referred as ,the pOt\ Act). The investigating officeE after conducting investigatio;r, filed 3 chargesheet and the sarne v/as numbered as Spl.S.C.No.61 of 2021, on the file of Special Sessions Judge -cum- Additional District and Sessiors Judge (SC/ST) Court at Mahabubnagar. On the very same day, based on the complaint lodged by one Bhooma Venkateshwar Reddy, Crime No.168 of 2020 was registered on the file of ieeja Police Station, Jogulamba-Gadwai District, agairst respondent No.2 and 8 others for the offences under Sections 307 & 148 IPC r/w Sections L49, 109, 324 and 341 IPC and the petitioner was shown as L.\W.9. The investigating officer, after conducting investigation, filed chalgesheet and uide P.RCNo.1Z of 202t, the same was committed to the Principal Senior Gvil Judge -cum- Assistant Sessions Court, Gadwal, vrhere the case was re-numbered as S.CNo.45 of 2022. The above two Sessions Cases were arising out of the same incident. Ffunce, leamed counsel for the petitioner pra)6 to transfer S.CNo.45 of 2022 pending on the file of Principal Senior Gvil Judge -cum- Assistant Sessions Court, Gadwal, to be tried along with Spl.S.CNo.5l of 2021 4 on the file of Special Sessions Judge -cum- MI Additional District & ljessions Judge (SC/ST) Court, Mahabubnagar, in order to avc,id conflicting judgments and also in the interest of the parties, f riling with the petitioner and other parties would be put to irreparable loss and grave hardship. 5 Leamt:rl Additional Public Prosecutor has not disputed the same

6. Flavinr4 heard leamed counsel for the parties end having perused the :nater-ial available on record, it reveals that basing on the cornplaint lodged by respondent No.2, Crinre No.169 of 2020 was ;egttered on 03.07.2020 on the file of I,:ejx pqli6s Station, Jog;ulamba-Gadwai District, against the petitioner andtt2 othe rs for the offences u.nder Sections 148, 326,324 U427 IPC rr'w L49 of IPC and Sections 3(1)(s) and l(2)(va) of the POA ,\ct and after completion of investigation, the investigatior: officer filed chargesheet and the r;ame was numbered as Spl.S.CNo.6l of 2021 on the file ,rf Special 5 Sessions Judge -cum- MI Additional District & Sessions J,udge (SC/ST) Court, Mahabubnagar, and on the same day, with regard to the very same incident, on the complaint made by one Bhooma Venkateshq/ar Reddy, another crime being Crime No.168 of 2020 was registered on the file of Ieeja Police Station, Jogulamba-Gadwal District, against respondent No.2 and eight othen for the offences under Sections 307 & 148 IPC r/w Sections 149, I09,324 and 341IPC and the petitioner was shown as L.\7.9. After completion of investigation, chargesheet was filed and the case was commined to the Principal Senior Gvil Judge -cum- fusistant Sessions C-or.rt, Gadwal, and numbered as S.CNo.45 of 2022. 7 The petitioner is accused No.1 in Spl.S.CNo.51. of 2021 on the file of Special Sessions Judge -cum- MI Additional District & Sessions Judge (SC/ST) Co.r.t, Mahabubnagar. Respondent No.2 is accused No.5 in S.CNo.45 of 2022 on the 6 file of Pnncrpal Senior Gvil Judge -curn- fusistant Sessions Court, Gadral.

8. Taking into consideration all the facts and circumstances of the case and in order to avoid conflicting decisicns in both the cases, this C-ourt is inclined to transfer S.C.No.45 of 2022 pending or, the file of Principal Senior Cvil Judge -cum- Assistant Se ssions C-ourt, Gadwal, to the Special Sess;ions Judge -cum- VII Additional District & Sessions Judg: (SC/ST) C-ourt, I\4elL:Lbubnagar, to be tried along wrth Spi.S.CNo.61 of 2021percting on its fi1e.

9. Accorctingly, the C-riminal Petition is allowed.

10. Leam:d Special Sessions Judge -cum- MI Additional District & Sessions Judge (SC/ST) C-ourt, Mahabrrbnagar, is directed to ssue notice to the respective parties ,rnd decide both S.C.|{c.45 of ZOZZ and Spl.S.CNo.61 o1: 2021 n accordance u.ith law. 7 fu a sequel, miscellaneous petitions, pending if any, stand closed SD/. T.TIRUMALA DEVI DEPUTY REGISTRAR //TRUE COPYI/ SECTION OFFICER To,

1. The Principal senior civil Judge-cum-Assistant Sessions court, Gadwal. Z. ffre Special Sessions Judge-cum-Vil Additional Diskict and Sessions Judge (SC/ST) Court, Mahbubnagar

3. The Judicial Magistrate First Class at Gadwal 4. The Station Houie Officer, Aize Police Staton, Jogulamba Gadwal' 5. Two CCs to the Public Prosecutor, High court for the state of Telangana at Hyderabad.[OUT]

6. One CC to Sri Baglekar Akash Kumar, Advocate [OPUCI 7. Two CD CoPies VH/I)SI, HIGH COURT DATED: 0710412025 ORDER TRCRLP.No.30 of 2025 R',ir-lt sr/ 16 \ 11ArB 2m ,) \ ).. $ ( t) ,, *C ALLOWING THIE TR.CRLP \C