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B. SYAMSUNDER
Thimmayappagari Nagaraju – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. I have heard learned counsel, Smt. S.A.V. Ratnam representing on behalf of Smt. A. Padma, learned counsel for the petitioners as well as Mr. P. Raj Kumar, learned counsel representing on behalf of Mr. P. Narahari Babu, learned counsel for respondent Nos. 2 to 4.
2. This petition is filed by the petitioners under Section 407 of the Code of Criminal Procedure (in short “Cr. P.C.”) seeking transfer of C.C. No. 328 of 2016 from the file of Additional Judicial Magistrate of First Class Court, Hindupur to Special Judge for Trial of Cases of SC’s and ST’s (Prevention of Atrocities Act), Ananthapuramu. The case of the petitioners in brief is that there is a dispute with regard to the agricultural land between themselves and R2 to R5 and then R2 to R5 filed O.S. No. 194 of 2001 on the file of Junior Civil Judge Court, Hindupur, claiming right over the agricultural land and the said suit was dismissed, against which they preferred appeal before the Senior Civil Judge Court, Hindupur, which was also dismissed. The petitioners submit that on 21.07.2015 R2 to R5 violated the Decree and Judgment in O.S. No. 144 of 2001 and trespassed into the agricultural land and obstructed their posse
The court established that the transfer of criminal cases under Section 407 of the Cr.P.C. requires exceptional circumstances, which were not present in this case.
Joint trials are permissible for different offences from the same transaction, but jurisdictional limitations prevent direct transfer to a Special Court without prior commitment to the Sessions Court....
Section 408(1) of Cr.P.C., only gives power to Sessions Judge to transfer a case pending in one criminal Court to another criminal Court in his Sessions Division.
The court ruled that related criminal cases arising from the same incident should be tried together to ensure justice and avoid multiplicity of evidence.
Transfer of cases under Section 407 Cr.P.C. requires compelling circumstances, not mere assertions of overlapping motives, to ensure fair trial.
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