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2025 Supreme(Online)(Tel) 11931
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
Accused Nos.1 and 2 – Appellant
Versus
Respondent No.1 – Respondent
Transfer Criminal Petition No.77 of 2024 | C.C.No.1 of 2024
For the Appellants/Petitioners: G. Anandam
For the Respondents: Jakka Srinivasa Rao, Syed Yasar Mamoon
The absence of material evidence on alleged threats is insufficient to warrant the transfer of a criminal case under Section 447.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 447 - Transfer of criminal cases - Petitioners sought transfer of C.C.No.1 of 2024 due to perceived threats; Court found no material for transfer. (Paras 1, 6)
(B) Presence Dispensed - The trial Court was directed to dispense with the presence of the petitioners unless specifically required. (Para 7)
Facts of the case:
Petitioners claimed threats from respondent and others following an incident at the Court leading to a request for case transfer. No evidentiary support for threats was provided.
Findings of Court:
The court did not find grounds to transfer the case and emphasized the lack of evidence concerning the threats.
Issues: Whether the petitioners were entitled to the transfer of the case due to alleged threats.
Ratio Decidendi: The court held that the absence of substantial evidence regarding threats did not warrant case transfer under Section 447 of the BNSS.
Result: Transfer criminal petition disposed of.
| Table of Content |
|---|
| 1. petition for transfer based on alleged threats. (Para 1 , 2) |
| 2. dispute regarding presence and alleged threats. (Para 3 , 4) |
| 3. court findings on lack of evidence for threats. (Para 5 , 6) |
| 4. decision on the necessity of representation. (Para 7) |
| 5. final disposition of the transfer petition. (Para 8) |
ORDER:
This transfer criminal petition has been filed under Section
447 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ) by the petitioners/accused Nos.1 and 2 seeking to withdraw C.C.No.1 of 2024 on the file of the District and Sessions Judge at Warangal registered for the offences under Sections 4 20 and 406 of the Indian Penal Code, 1860 (for short, ‘the IPC ’), Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999 (for short, ‘the TPDFE Act’), Section 4 read with 76 of Chit Funds Act, 1982 and Section 4 read with 56 of the Telangana State Chit Funds Act, 1971 , and transfer the same to any other Court in the Warangal District, namely, Mulugu, Jangaon and Jayashanker Bhoopalapally.
2. Heard Mr. G. Anandam, learned counsel for the petitioners, Mr. Jakka Srinivasa Rao, learned counsel for respondent No.1, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.2 State.
3. Learned counsel for the petitioners submitted that the petitioners received the summons in C.C.No.1 of 2024 and when they approached the Court below on 22.07.2024, one Ramakrishna, who is Superintendent of the Court at Narsampet, and other victims, abused the petitioners and detained them in the Court premises about 3 to 4 hours. The petitioners lodged a complaint before the District Judge, Warangal on 23.07.2024 narrating the incident. He further submitted that there is a serious threat in the hands of respondent No.1 and others. Unless C.C.No.1 of 2024 is transferred from the District and Sessions Judge, Warangal, the petitioners will be put to great hardship.
4. Learned counsel for respondent No.1 submitted that the petitioners filed this transfer criminal petition only with an intention to protract the litigation one way or other. Neither respondent No.1 nor any other victim abused the petitioners or threatened them. The petitioners have not filed any complaint before the concerned Police Station nor placed any iota of material evidence to establish the said factum and the petitioners are not entitled to seek transfer of C.C.No.1 of 2024.
5. Learned Additional Public Prosecutor reiterated the submissions of learned counsel for respondent No.1.
6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that basing on the complaint lodged by respondent No.1, Crime No.197 of 2022 was registered for the offences under Sections 4 20 and 406 of the IPC , Section 5 of the TPDFE Act, Section 4 red with 76 of Chit Funds Act, 1982 and Section 4 read with 56 of the Telangana State Chit Funds Act, 1971 . The Investigating Officer after conducting investigation filed charge sheet and the same was taken cognizance and numbered as C.C.No.1 of 2024. The only grievance of the petitioners is that there is a serious threat in the hands of respondent No.1 and other victims, if they appeared before the District and Sessions Judge, Warangal. However, the petitioners have not placed any material that respondent No.1 or other victims i.e., LWs.2 to 140, threatened the petitioners. Hence, this Court does not find any ground to exercise the powers conferred under Section 4 47 of the BNSS to transfer C.C.No.1 of 2024 from the file of the District and Sessions Judge at Warangal to any other Court in the Warangal District, namely, Mulugu, Jangaon and Jayashanker Bhoopalapally.
7. Taking into consideration the facts and circumstances of the case, the presence of the petitioners/accused Nos.1 and 2 before the trial Court is dispensed with, unless their presence is specifically required during the course of trial, subject t
