NADIMINTI TRIVENI Vs. STATE OF AP

JUDGEMENT

(1.) Transfer Criminal Petition No. 267 of 2009 is a petition seeking transfer of C.C. No. 309 of 2009 on the file of the Judicial First Class Magistrate, Bapatla, to any Court preferably in Srikakulam District or in the alternative to the Courts at Districts of Visakhapatnam or East Godavari. When this matter was taken up on 14.12.2009, a learned Judge of this Court admitted the petition and granted interim stay of all further proceedings.

(2.) The facts, in brief, that lead to the filing of the petition, are as follows:

(3.) The petitioner, by name, Nadiminti Triveni, who was cited as L.W.1 in C.C. No. 309 of 2009 has joined the 1st year B. Tech (Agriculture) in Acharya N.G. Ranga Agricultural University, College of Agricultural Engineering, Bapatla, during October 2008 and she was staying in one of the hostels attached to the university. As she was a new comer and was staying in the hostel, she was subjected to severe prolonged ragging by her seniors i.e. the accused Nos. 1 to 5. Unable to bear the said torture which is in the nature of ragging the petitioner tried to commit suicide by consuming hair dye and tablets on 27.02.2009 and when she became unconscious she was taken to a private hospital where she was treated for about 25 days and after her recovery she was discharged from the hospital on 21.03.2009. As the petitioner by name Triveni tried to commit suicide, initially a case in Crime No. 48 of 2009 of Bapatla Police Station was registered under Section 309 of IPC, but after recording her statement, the same was altered and the said crime was registered against the accused Nos. 1 to 5 for the offences punishable under Sections 4(i)(ii)(iii) and 7(1) of the Andhra Pradesh Prohibition of Ragging Act, 1997 (for short - 'the Act'), Act. After investigation, charge sheet was filed before the Judicial First Class Magistrate, Bapatla, against the accused Nos. 1 to 5 for the offence punishable under Section 4(i)(ii)(iii) of the Act only. As there was pressure on the de facto complainant i.e. Triveni/LW1 to withdraw the case, she took transfer certificate from the College of Agricultural Engineering, Bapatla, and joined in B.Sc., at Srikakulam. As she is residing at Srikakulam and it is causing any amount of inconvenience to her, she approached this Court and filed the present transfer application. As stated supra, this matter was admitted and stay was granted.