The High Court · 2025

Sec. 407 of cr.p.c. praying that this Hon'ble court may be pleased to withdraw ttre s.c. No. 102 of 2024 pending on the fire of 'rst Additionar District and Sessions Juage, at.Jaltial and transfer the same to any other competent court in Karimnagir Districi or Rajanna Sircilla District for fair and impartial trial, "Uw. l.A. NO:1OF 2025 Petition under section 528 Rl/w. sec. 447 (6) of BNSS, 2023 praying that in the circumstances stated in the affidavit filed in support of the petition, in""Hign court may be pleased to stay of afl further proceedings in S.c. No. fib of 2024 -.Jagtiat pending on the file of 1st Additional District and s--essions .tuoge, At including the appearance of petitionersiAccused No 1 to 3 pending Jisposal otirre Transfer Criminal Petition This Petition coming on for hearing, upon perusing tlt l\Iemorandum of Grounds of Criminal Petition and upon hearing the argumert ; of Sri B ARJUN RAO, Advocate for the Petitioner and Sri D.ARUN KUMAFI Additional Public Prosecutor) on behalf of the Respondent No.1 and of Sri 't V.RAMANA RAO, Advocate for the Respondent No.2. Counsel for the Petitione(s): SRI B ARJUN RAO Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following: ORDER *'Flw.- f,,/ '-; . :-)f a:' /t IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAI) THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.134 of 2o25 DATE:22.L2.2O25 BETWEEN: Baira Jalendar @ Jalendhar and others ..petitioners/ accused Nos.l to 3 Ancl The State of Telangana, Rep. by Public Prosecuror, High Court for thc Stirtc ol'-lclangana, at Hyderabad and anolhcr Respondents/ comPlainants ORDER This Transler Crinrinal Petition is liled seeking to transfer S.C.No. lO2 tf '2024, pending on the irle of the learned I Additional District zrnii Se ssions .ludge, Jagtial to any other i l competent Court in l(arimuagar or Rajar:na Sircilla District' 2 sK.!i,J Tr.Crl. P {o.I34 of 2()25

2. Heard Sri B. Arjun Rao, learned counsel aP peanng on behalf of the petitioners as well as Sri D. Arun Kurr Additional Public Prosecutor appearing on bel a.r, learned alf of the respondent - State and Sri T. V. Ramana Rao, lerur ed counsel appearing on behalf of respondent No.2.

3. Learned counsel for the petitioners submitt :d that the petitioners were facing trial in S.C. No. lO2 of 2Ot" beiore the I Additional District and Sessions Judge, Jagti,r , and that although the prosecution evidence had conc uded, the conduct and oral remarks of the Presiding Officer rluring the stage of examination under Section 313 CrPC anrt rgain at the stage of arguments clearly indicated a preconceivt:' opinion to convict the petitioners. He further submitted that 1 re repeated remarks directing the petitioners to be readv ,, go to jail created a reasonable apprehension of bias and <lr r ial of a fair and impartial trial. He contended. that the rt t :rn of the application hled under Section 31 I CrPC on tt,, ground ol maintainability, without registering and adjucliceLti rg the same on merits, was arbitrary and strengthened tht' petitioners' apprehension of prejudice and that in order Lc r-rphold t.he principles of natural justice and the settlccl lau .hat j ustice @tt_t!r,' 3 sr(s,J Tr.Crl.P.No.l34 of 2025 must not only be done but must also appear to be done, the case was required to be transferred to a competent court in Karimnagar or Raj anna Sircilla District, and that continuaLion of the trial before the same court would result in grave prejudice to the petitioners. Therefore, he prayed the Court to transfer S.C.No.1O2 of 2024 to any competent Court in Karimnagar or Rajanna Sircialla District by allowing this Transfer Criminal Petition.

4. Per antra, learned counsel appearing for respondent No.2 opposed the transfer contending that, except the allidavit frled by the petitioners/ accused, no independent or supporting material haci been placed on record to substantiate the allegations of bias against thc Presiding C)lhcer' He further submitted that mere oral allegations or apprehensions, without any cogent proof, could rlot form the basis for tralsferring a sessions case atrd thal the atleged remarks attributed to the trial Court rverc bald assertions' He contended that the return of an appiication under Section 311 CrPC on the grounci of mainrainability did not, by itself, establish prejudice or denial of a fair trial Therefore, he prayed the Court to dismiss the Transte r Criminal Petition' 4 sKs,J Tr.Crl ).No.134 of 2O2S

5. In the light of the submissions made by counsel on either side and upon a careful pcr material available on record, it appears that the the petitioners was primarily founded on the ; remarks made by the trial Court on two occasions that the petitioners would be sent to jail, coup t return of the application hled under Section 3 I I ( maintainable. Without expressing any opinic correctness of the said allegations, this Court is that, in order to dispel any reasonable appreher r minds of the petitioners and to ensure that justice done but also appears to be done, it would be apr transfer the case. Considering the facts and circurr the case, and without causing any prejudice to r No.2, this Court deems it fit to transfer S.C. No. 1! from Lhe file of the I Additional District and Sessir Jagtial, to the fiie of the principal District and Sessi: Jagtial, for disposal in accordance with law. l-he learned rsal of the trievance of lleged oral i ndicating 11 u,ith the rPC as not n on the ,f' the view ion in the rot only is -opriate to stances o[ :sponden t ), ol 2024 rs Judge, r s Judge,

6. Accordingly, this Transl.er Criminal petition is disposed of. S.C. No.1O2 of 2024 shall stand transferred fron hc file ot. the I Additionai District and Sessions Judge, Jagtiat, o thc file 5 SKS,J Tr.Crl.P.I{o.l34 of 2()25 of the Principal District and Sessions Judge, Jagtial. The Court concerned is hereby directed to transmit the entire case file relating to S.C. No.1O2 of 2024, after duly ir^Cexed, within a period of one (1) month from the date of receipt of a copy of this Order, under intimation to the other side. Pending Miscellaneous Applications, if aly, shall stand closed. 'i;ti,'ff.iiiHl3+?J'6 SECTION OFFTCER I/TRUE COPY// To, lffi$ffi$uffit.;$ug+gg**i*P**B*i":i Kvl/ba Fv , HIGH COURT DA'IEDl.22112J2025 o() ( * ::='\..\. ,,r_ c lA;^s \ '"' tlrt'' r 1..,t ,/'l/. 1 \ =(,1\ :t ,ATC * o ORDER TRCRLP.No.134 oI 2025 DISPOSING OF THE TR. CRL. PETITION .,tr\ lo\'q Y\ >- !,