The Hon’ble Sri Justice J.Sreenivas Rao Transfer Criminal Petition No.30 of 2025

Order

:

This Criminal Petition has been filed under Section 447 of Bharatiya Nagrik Suraksha Sanhita (BNSS), seeking transfer of S.C.No.45 of 2022, pending on the file of Principal Senior Civil Judge –cum- Assistant Sessions Court, Gadwal, to the file of Special Sessions Judge –cum- VII Additional District & Sessions Judge (SC/ST) Court, Mahabubnagar, to be tried along with Spl.S.C.No.61 of 2021 pending on its file.

2. Heard Mr. Baglekar Akash Kumar, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.1/State.

3. Learned counsel for the petitioner submits that pursuant to this Court’s order dated 11.03.2025, he sent personal notice to respondent No.2, by way of registered post with acknowledgment due and filed memo of proof of service vide U.S.R.No.33706 of 2025 on 25.03.2025, but respondent No.2 refused to receive the notice. According to the learned counsel, respondent No.2 is the contesting respondent and as per Section 27 of General Clauses Act, refusal to receive notice is deemed service. He further submits that respondents No.3 to 14 are not necessary parties and they are only pro forma respondents.

4. Learned counsel for the petitioner further submits that based upon the complaint lodged by respondent No.2, crime No.169 of 2020 was registered on 03.07.2020 on the file of Ieeja Police Station, Jogulamba-Gadwal District, against the petitioner and 12 others for the offences under Sections 148, 326, 324 & 427 IPC r/w 149 of the Indian Penal Code, 1860 (IPC) and Sections 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred as ‘the POA Act’). The investigating officer, after conducting investigation, filed chargesheet and the same was numbered as Spl.S.C.No.61 of 2021 on the file of Special Sessions Judge -cum- Additional District and Sessions Judge (SC/ST) Court at Mahabubnagar. On the very same day, based on the complaint lodged by one Bhooma Venkateshwar Reddy, Crime No.168 of 2020 was registered on the file of Ieeja Police Station, Jogulamba-Gadwal District, against respondent No.2 and 8 others for the offences under Sections 307 & 148 IPC r/w Sections 149, 109, 324 and 341 IPC and the petitioner was shown as L.W.9. The investigating officer, after conducting investigation, filed chargesheet and vide P.R.C.No.17 of 2021, the same was committed to the Principal Senior Civil Judge –cum- Assistant Sessions Court, Gadwal, where the case was re-numbered as S.C.No.45 of 2022. The above two Sessions Cases were arising out of the same incident. Hence, learned counsel for the petitioner prays to transfer S.C.No.45 of 2022 pending on the file of Principal Senior Civil Judge –cum- Assistant Sessions Court, Gadwal, to be tried along with Spl.S.C.No.61 of 2021 on the file of Special Sessions Judge –cum- VII Additional District & Sessions Judge (SC/ST) Court, Mahabubnagar, in order to avoid conflicting judgments and also in the interest of the parties, failing with the petitioner and other parties would be put to irreparable loss and grave hardship.

5. Learned Additional Public Prosecutor has not disputed the same.

6. Having heard learned counsel for the parties and having perused the material available on record, it reveals that basing on the complaint lodged by respondent No.2, Crime No.169 of 2020 was registered on 03.07.2020 on the file of Ieeja Police Station, Jogulamba-Gadwal District, against the petitioner and 12 others for the offences under Sections 148, 326, 324 & 427 IPC r/w 149 of IPC and Sections 3(1)(s) and 3(2)(va) of the POA Act and after completion of investigation, the investigation officer filed chargesheet and the same was numbered as Spl.S.C.No.61 of 2021 on the file of Special Sessions Judge –cum- VII Additional District & Sessions Judge (SC/ST) Court, Mahabubnagar, and on the