THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO TRANSFER CRIMINAL PETITION No.77 of 2024

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 420 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 420 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 447 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 to the condition of the petitioners/accused Nos.1 and 2 being represented by their counsel on every date of hearing. In case of non-appearance of the petitioners/accused Nos.1 and 2 on the specific date so fixed by the trial Court for their a