The court ruled that related criminal cases arising from the same incident should be tried together to ensure justice and avoid multiplicity of evidence.

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 Section 307 IPC, which is registered as C.C. No.121 of 2020 pending on the file of Judicial First Class Magistrate, Satyavedu. The petitioners submit that both cases were registered on the basis of same incident against the petitioners and R1 to R8 by the same SHO, but R1 to R8 got deleted Section 307 IPC in Crime No. 34 of 2019 wherein they are accused, whereas as the petitioners are shown as accused in Crime No. 32 of 2019 in view of retaining Section 307 IPC, the case has been committed to Court of Sessions, which made over the case to Assistant Sessions Judge Court, Srikalahasti, vide S.C. No.121 of 2020 wherein they are accused. The main contention of the petitioners is that R1 to R8 have filed counter before Principal District Court, Chittoor admitting registration of both crimes and they have no objection if both cases are tried together, but requested to transfer the cases to Courts at Tirupati. However, learned Principal Sessions Judge, Chittoor dismissed their transfer petition by observing that both incidents are occurred not at one and the same time and same place. It is also the contention of the petitioners that both incidents are occurred at the same place within one hour and accused and witnesses in both cases are also same, due to that, both cases have to be tried by the same Court in the interest of justice.

4. Before this Court and also in Transfer Criminal Petition No. 363 of 2023 on the file of Principal District and Sessions Judge Court, Chittoor, State has not chosen to file any counter opposing the prayer of the petitioners.

5. The learned counsel representing the petitioners would submit that though as per First Information Reports in both cases there is difference of time, but alleged incident is continuous act of the parties which also can be treated as case and countercase to decide, who are aggressors. He would further submit that to avoid multiplicity of evidence and to arrive just conclusion in the cases, both have to be tried by the same Court. He prays to allow the petition.

6. Now the point that emerges for consideration of this Court is:

"Whether there are any grounds to transfer CC No. 121 of 2020 on the file of Judicial First Class Magistrate, Satyavedu, to Assistant Sessions Court, Srikalahasti, to try along with S.C. No.121 of 2020?"

7. POINT:

The learned Principal District Judge, Chittoor, while dismissing Transfer Criminal Petition No. 363 of 2023 observed at paras 11 and 12, which read as under:

"11. To ascertain the factum that whether both the cases have arise from one and the same incident, the relevant document is the First Information Report. On keen perusal of the copy of the First Information Report in C.C. No.121/2020, it goes to show that "the crime was occurred on 11.05.2019 at about 9.30 p.m. near the hou