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BANDARU SYAMSUNDER
G. Sekhar – Appellant
Versus
Alati Srinivasulu – Respondent
ORDER :
(Bandaru Syamsunder, J.)
1. I have heard learned counsel Mr.G.R. Sudhakar, representing on behalf of Mr.V.Vinod K. Reddy, learned counsel for the petitioners. There is no representation for the State. Notice served to R1 to R8. None appeared.
2. This Transfer Criminal Petition is filed by the petitioners under Section 407 of the Criminal Procedure Code (in short, 'Cr.P.C'), who are accused in S.C. No.121 of 2020 on the file of Assistant Sessions Judge, Srikalahasthi.
3. The case of the petitioners in brief is that R9/State registered a case in Crime No. 32 of 2019 against them for the offences punishable under Sections 147, 148, 324, 307 and 506 IPC read with 149 IPC and after due investigation, the SHO filed charge sheet which is registered as S.C. No.121 of 2020 pending on the file of Assistant Sessions Judge Court, Srikalahasthi. It is also the contention of the petitioners that on the complaint made by them, R9 also registered a case in Crime No. 34 of 2019 against the respondents 1 to 8 for the offences punishable under Sections 147, 148, 447, 323, 324, 307 and 427 IPC read with 149 IPC, but filed charge sheet before Judicial First Class Magistrate, Satyavedu, by deleting
The court ruled that related criminal cases arising from the same incident should be tried together to ensure justice and avoid multiplicity of evidence.
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 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....
The convenience and inconvenience of the parties must be considered in transfer petitions, and the current residence and filing of cases in a particular jurisdiction can influence the decision to tra....
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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