High Court · 2025

2. The State of Telangana, through A J M Public Prosecutor, High Court of Telan ls Colony, Warangal District, through ana, at Hyderabad. ...RESPONDENTS/RESPONDENTS Petition under Section 447 of BNSS pr ing that in the circumstances stated in the affidavit filed in support of the petitio , the High Court may be pleased to e of District and Sessions Judge, withdraw C.C.No. 1 of 2024, from the ther court in the Warangal District, Warangal, and transfer the same to any namely Mulugu, Jangaon and Jayashanker (Prayer amended as per Court Order da Tr. Crl. P. No.77 oI 2024) l.A. NO: 'l OF 2024 hoopalpally. 04.09.2024 vide l.A.No.2 of 2024 in the affidavit filed in support of the petition, t all further Proce.edings in C.C. No.1 of 20 District and Sessions Judge, Warangal, pen This Petition coming on for hearing Petition under Section '151 CPC prayi g that in the circumstances stated in e High Court may be pleased to StaY 4, on the file of Hon'ble lAdditional ing disposal of the transfer petition. upon perusing the Memorandum of Grounds of Criminal Petition and upon heari g the arguments of Sri G.Anandam , ethi Ram Mohan, Advocate for the Advocate for the Petitioners and of Sri Respondent No.1 and the Public Prosecutor n behalf of the Respondent No.2 The Court made the following: ORD R THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO TRANSFER CRIMINAL PETITION No.77 of 2o.24 ORDER: This transfer criminal petition has been filed under Section 447 of the Bharariya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioners/accused Nos. 1 and 2 seeking to withdraw C.C.No. 1 of 2024 on the file of the District and Sessions Judge at Warangal registered for the offences under Sections 42O and 406 of the Indial Penal Code, 1860 (for short, ,the IpC,), Section S of the Telangana Protection of Depositors of Financial Establishments Act, 1999 (for short, ,the TPDFE ActJ, Section 4 read u.ith 76 of Chit Funds Act, 1982 artd Section 4 read with 56 of the Telangana State Chit Funds Act, 197I, and transfer the same to any other Court in the Warangal District, namely, Mulugu, Jangaon and Jayashanker Bhoopalapally.

2. Heard Mr. G. Anandam, learned counsel for the petitioners, Mr. Jakka Srinivasa Rao, learned counsel for respondent No.1, and Mr. SyeC Yasar Mamoon, learned Additional public Prosecutor appearing for respondent No.2 State.

3. Learned counsel for the petitioners submitted that the petitioners received the summons in C.C.No. I of 2024 and when r/ ,/ ) 2 they approached the Court elow on 22.07.2024, one Ramakrishna, who is Superintend t of the Court at Na-rsampet, and other victims, abused the pe tioners and detained them in the Court premises about 3 to 4 h urs. The petitioners lodged a complaint before the District Ju ge, Warangal on 23.07.2024 narrating the incident. He furth r submitted that there is a serious threat in the hands of spondent No.1 and others Uniess C.C.No.l of 2024 is tran ferred from the District and Sessions Judge, Warangal, the p tioners will be put to great hardship.

4. Learned counsel for respon ent No. 1 submitted that the petitioners filed this transfer cri inal petition only with an intention to protract the litigatio one way or other. Neither respondent No.l nor any other vic abused the petitioners or threatened them. The petitioners have not filed any complaint before the concerned Police Sta on nor placed any iota of material evidence to establish the factum and the petitioners are not entitled to seek transfer of .C.No.1 of 2024.

5. Learned Additional Public Prosecutor reiterated the submissions of learned counsei for espondent No. 1 I .1

6. Having considered the rival submissions made by the respective parties and after perusal of the materia_l available on record, it reveals that basing on the complaint lodged by respondent No.l, Crime No.197 of 2022 \ /as registered for the offences under Sections 420 and 406 of the IpC, Section 5 of the TPDFE Act, Section 4 red with 76 of Chit Funds Act, 19g2 and Section 4 read with 56 of the Telangana State Chit Funds Act, I97l. The Investigating Ofhcer after conducting investigation hled charge sheet and the same was taken cognizance and numbered as C.C.No.l of 2024. The only grievance of the petitioners is that there is a serious threat in the hands of respondent No.l and other victims, if they appeared before the District and Sessions Judge, Warangal. However, the petitioners have not piaced anv material that respondent No. 1 or other victims i.e., LWs.2 to 14O. threatened the petitioners. Hence, this Court does not find any ground to exercise the powers conferred I under Section 447 of the BNSS to transfer C.C.No. I of 2024 from the hle of the District and Sessions Judge at Warangal to any other Court in the Warangal District, namely, Mulugu, Jangaon \ II and Jayashanker Bhoopalapally. 4

7. Taking into consideration e facts and circumstances of the case, the presence of the pe tioners/accused Nos. I and 2 before the trial Court is dispensed with, unless their presence is specilically required during the urse of trial, subject to the condition of the petitioners/ac sed Nos.1 and 2 being represented by their counsel on ev ry date of hearing. In case of non-appearance of the petitioners accused Nos.l and 2 on the specific date so fixed by the trial ourt for their appearance, the trial Court is entitled to proceed th the matter in accordance with law.

8. With the above direction, th transfer criminal petition is disposed of. Miscellaneous applications, nding if any, shall stand closed SD/. V.KAVITHA PUTY REGISTRAR D To, //TRUE COP ECTION OFFICER H Str Th D e The Stat on C C ct & SeSS on S J U se a 1 t d 2 AJ M S c o U SC o o v J o ne o S 1 G Anandam Ad oca ( 4 o ne c to S Beth Ram M o ha n Ad 5 Two C S o Pu I H s C o U b h a ad our) eI b ( C D Cop eS P ros eCU I C Hvd 6 TWO Ks/P S L st'tlon, warangal r!;ji"u te (oPUC) for the State of Telangana at l 5i, J o lt ruBM ((. l') Ct * D .,, P,^.16'r { o t HIGH COURT DATED:0810712025 ORDER TR.CRLP.No.77 ot 2024 DISPOSING OF THE CRLP 2K