The High Court · 2025

Petition under section 407 cr.p.c., to pass appropriate orders to transfer the S.c.No. 11s or 2022 on the fire of the Hon'bre principar District and sessions Judge at K.B. Asifabad to the cou,t of the Hon'bre principar District and Sessions Judge at Adilabad or any other court within the jurisdiction of the unified District of Adilabad. l.A. NO: 1 oF 2023 Petition under Section 15'r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to grant stay of all further proceedings in s.c.No. 11s of 2022 on the file of the Hon'ble Principal District and Sessions Judge at K.B. Asrfalad pending disposal of the above transfer Criminal Petitton. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the itrguments of Sri S SURENDER REDDY. Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the [lespondent No.2. CRIM INAL REVISION CASE NO: 729 OF 2023 BAIL SLIP:-The Accused shall be released on bail by the or {e_Lsilhe_f;ish-Eeu! Dated 10.11.20 23 in CRL R C.NO.729 of 2023 in l A.No.1 of 2t)it3 Revision filed under Section 401 of CrPC., aggrieved by the docket order passed by the Hon'ble Principal District and Sessions Judge at K.B. Asifabad in S.C.No. 115 ot 2022, dated 03.11.2023 (mentioned as A3.11.2022) and be pleased to allow the revision. Between: Pirsingula Jay Chandar, S/o. Premsagar, Age. 32 yean;, Occ. Business, R/o. H. No. 1 -1 3-1 62, Kapuwada, Kaghaznagar, Komurambh':em Asifabad District AND ..,PETITIONER/ACCUSED The State of Telangana, Through lnspector of Police, P S., Kaghaznagar Town, Komurambheem Asifabad District, Rep. by Public Prosecutor, High Court at Hyderabad. RESPON )ENT/RESPONDENT lA NO: 1 OF 2023 Petition under Section 151 CPC prayrng that in the .circumstances stated in the affidavit filed in support of the petition, the High Cour: may be pleased to enlarge the petitioner/accused on bail on such terms and conditions by suspending the docket order passed by the Hon'ble Principal Dtrstrict and Sessions Judge at K.B. Asifabad in S.C.No. 115 of 2022, dated 03 1- ',2023 (mentioned as o3.112022\. Counsel for the Petitioner : SRl. S SURENDER REDDY Gounsel for the Respondent : PUBLIC PROSECUTOR The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K' SUJANA TRANSFER CRIMINAL PETITION No'L2]- I 2o23 AND CRIMINAL REVISION CASE No'729 I 20.23 COMMON ORDER: The transfer criminal petition is filed praying this Court to [ransfcr SC'No' 1 15 ol 2022 from the file of the Principal District and Sessions Judge' at KB Asifabad' to the hle of the Principal District and Sessions Judge' at Adilabad. The criminal revision case is preferred challenging the order dated 03 ll '2023 passed in S.C.No.l|5of2022onthefileofthePrincipalDistrictand Sessions Judge, at KB Asifabad'

2. Heard Sri S.Surender Reddy' learned counsel for petitioner/ accused, Sri D'Mallikarjun' learned counsel for in transfer criminal petition, and Sri learned Additionai Public Prosecutor for respondent No.2 D.ARun Kumar, respondent - State 2

3. karned counsel for petitioner/ accust:r I sultmitted that the trial Court crred in cancelling the bail oI petitioner and acted in hasty manncr and remanded th(. 3( jtitioner to judicial custody on 03.1 1.2023 in spite o[ thi rc being no application filed by de facto complainant for ca rr:ellation of bail and only basing on the statement of victin . .lhcrefore, rvhile advocating that petitioner is under the ar1>prrchension that justice is not served to him before thc Court of Principai District and Sessions Judge, at A,lilabiid, he prayed this Court to allow the transfer crimrr rr I petition, transferring the SC., and to allow criminal rr:,,i.sion case, setting aside the order of cancellation ol bail ol 1.r:titioner. + On the other hand, learned counsel ft r cle facto complainant and learned Additional public proser;utor, vehemently, opposed the submissions madr: b.,., lcarned counsel for petitioner and submitted that t lrt re is no illegalily or infirmity rn the order passed by the rial Court. Therefore, prayed (his Court to dismiss th,: Transfer Criminal Petition, Criminal Revision Case, :rs both lack mertts. 3 E . Having regard to rival submissions made and on going through the material placed on record' it is noted that when witness expressed threat in the hands of petitioner/ accused, the trial Court cancelled the bail of petitioner under the u'itness protection act, whereas' it is imperative to note that there is no such provision under the said act to cancel the bail of accused and the purpose of ihe said act is to protect thc witness strictly as per the provisions enshrined therein.

6. Considering the facts in entirety, and the apprehension of petitioner, this Transfer Criminal Petition is allowed, and SC.No. l15 of 2022 stands transferred from the hle of the Principal District and Sessions Judge' at KB Asifabad, to the file of the Principal District attJ S"t"iot'" Judge, at Adiiabad. Thc Court concerned is hereby directed to transmit the entire case hle relating to SC'No l15 of 2022 after duly indexed, within a period of one (1) month from the date of receipt of a copy of this order' under the due intimation of the same to the other side That apart' t 4 as the petitioner is already released on bail, 11 ) orders are rcquircd to be passed in Criminal Revision Casr.

1. Accordingly, the Transfer Criminal petition is allowed, and the Criminal Revision Case is ( isposed of. There shall be no order as to costs. Miscellaneous applications, if any pcn 1ing, shall stand closed //TRUE COPYII SD/-A.V.S.PRASAD /-\ t)&PUTY REGISTRAR \cTtoN oFFtcER To,

1. The Principal Dlstrict & Sessions Judge, K.B. Asifabad : 2. The Principal District & Sessions Judge, Adilabad. 3 One CC to SRt. S SURENDER REDDY Advocate tOpU l 4 9n" CC to THE pUBL|CfROSECUTOR, Telangana, Hyderabad [OUT] "v ' -- High Court for the State of

5. Two CD Copies ASR/PSL HIGH COURT DATED:1011112025 I COMMON ORDER TRCRLP.No.121 ot 2023 & CRLRC.No.729 OF 2023 .4 TAT € o ) l \1 \ 2 E N0lj zl[i ^/l \. t)r .\ -spa I cHf- *o I \ ALLOWING THE TRCRLP & DTSPOSING OF THE CRLP \2\ p{ \r\ I