HIGH COURT OF ANDHRA PRADESH
B. CHANDRA KUMAR
Madapuram Maddileti Naidu & Ors. - Petitioners/Accused
Vs.
State of Andhra Pradesh Represented by its Public Prosecutor High Court of
Judicature for the State of Telangana & A.P.Hyderabad & Ors. - Respondents
CRP.NOs. 4578 of 2014
Decided on: 09-12-2014
Criminal Procedure Code - Section 407 – Indian Panel Code - section 147, 148, 324, 307, 302 read with section 149 – Offence 0f murder - Explosive Substances - Challenging – Withdrawing – Petition continuing to hear and conduct despite orders - Public Prosecutor for State - On complaint lodged by one Police registered a case in Crime for offences IPC of Explosive Substances Act and of Arms Act on point of territorial jurisdiction crime was registered as Police Station - During the course of investigation - It is alleged that approached and voluntarily made confessional statement which was recorded by said and in pursuance of said confessional statement Police arrested and seized eight hunting sickles and fifteen country made bombs from them - Police registered a case in Crime for offences of Explosive Substances Act and of Arms Act of IPC – Held, Sessions Judges while conducting cases not only Sessions Judges while hearing the cases should not make any comments so as to create any apprehension in minds of accused -No comments should be made on merits of case - At present there are unscrupulous crooked opportunists who take advantage of comments of Judge - They try to read the mind of judge and may misuse his name – Unfortunately are at a stage where cheating of clients has become order of day - Corruption is slowly creeping into judiciary faith of the people in administration of justice is eroding day-by-day due to allegations of corruption and huge pendency of cases – Therefore Judges should not make any unnecessary comment which may cause prejudice either to accused or to prosecution at any stage - But at same time there should be fair investigation and impartial trial - Judges should not have any kind of prejudice – Appeal allowed (Para 15)
These CRPs are filed challenging the procedure adopted by II-Additional Sessions Judge, Kurnool at Adoni in continuing to hear and conduct SC.No.63 of 2009 despite the orders passed by Sessions Judge, Kurnool on 28/10/2014, withdrawing SC.No. 537 of 2008 from the file of Assistant Sessions Judge, Adoni and directing to try the same along with SC.No. 63 of 2009.
2. Heard arguments of Sri S.Niranjan Reddy, learned counsel for the petitioner and Sri Posani Venkateswarlu, learned Public Prosecutor for the State.
3. On the compliant lodged by one Palegari Paramappa Naidu, the Police Gonegondla registered a case in Crime No. 56 of 2008 for the offences under section 147, 148, 324, 307, 302 read with section 149 IPC section 3, and 5 of Explosive Substances Act and section 25 (1) (b) of Arms Act on the point of territorial jurisdiction crime was registered as Cr.No. 37 of 2008 of Devanakonda Police Station. During the course of investigation, on 24/5/2008, it is alleged that A-1 approached A.Maddilety, Tahsildar, Kurnool Mandal and voluntarily made confessional statement, which was recorded by the said Tahsildar and in pursuance of the said confessional statement, the Police arrested A-2 to A-15, A-17 to A-25 and A-27 to A-32 and seized eight hunting sickles and fifteen country made bombs from them. The Police Gonegendla registered a case in Crime No. 59 of 2008 for offences under section 4 (b) and 5 of Explosive Substances Act and Section 25 (i) (b) of Arms Act read with section 34 of IPC. The concerned Police, who have investigated the cases separately filed two separate charge sheets. The case in Crime No. 37 of 2008 of Devanakonda Police Station is now registered as SC.No. 63 of 2009 pending on the file of II-Additional Sessions Judge, Kurnool at Adoni. The case in Crime No. 59 of 2008 of Police Station Gonegandla has been registered as SC.No. 537 of 2008 pending on the file of Assistant Sessions Judge, Adoni.
4. It is not in dispute that now the trial in SC.No. 63 of 2009 has been concluded and arguments have been heard and the case is posted for judgment tomorrow. IN SC.No. 537 of 2008 trial schedule was fixed on 17/10/2014 but however the Public Prosecutor sought time, as the material objects were not brought to the court.
5. It may be relevant to mention here that accused in SC.No. 63 of 2009, who are petitioners herein have filed Transfer Petition Nos. 180, 186 and 187 of 2014 under section 407 Cr.P.C. alleging that the learned II-Additional Sessions Judge, Kurnool at Adoni had made certain observations which caused apprehensions to them. It is not in dispute that this court has dismissed those transfer petitions by order dated 20/10/2014. Subsequently, the petitioners herein approached the Honble Supreme Court in SLP.Crl.No. 8597 of 2014, 8598 of 2014 and 8599 of 2014 and the Supreme Court dismissed those petitions on 07/11/2014.
6. As the things stood thus, the learned Assistant Sessions Judge, Adoni addressed a letter to the Sessions Judge, Kurnool on 20/10/2014 stating that when A2 to A-11, A-16 to A-18, A-20 to A-22, A-26 to A-30 and A-1 were arrested, the material objects i.e., country made bombs and hunting sickles were seized from them on the basis of confession and seizure panchanama dated 25/4/2008 and they were produced in SC.No. 63 of 2009 [Crime No.37 of 2008 of Devanakonda Police Station] and the property required in SC.No. 537 of 2008 was produced in SC.No. 63 of 2009 and it is in the custody of II-Additional Sessions Judge, Kurnool at Adoni and that original panchanamas were also filed in SC.No. 63 of 2009. It is also contended that the evidence regarding arrest and seizure of material objects would be the same in both the cases, it was opined further that if both cases are tried separately it may result in doing injustice and advantageous to the accused. Thus the learned Assistant Sessions Judge, Adoni requested to transfer SC.No. 537 of 2009 to the Court of II-Additional Sessions Judge, Kurnool at Adoni for
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