CHIDIPIRALA NARAYANA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This is an application seeking transfer of S.C.No.473 of 1993 on the file of the Court of the II Additional District and Sessions Judge (Fast Track Court), Mahabubnagar to any Court out side Mahabubnagar and Cuddapah Districts.

(2.) One Narayana Reddy, brother's son of Siva Sankar Reddy, (first deceased in the Sessions Case) who is cited as L.W.22 in the case, filed this petition seeking transfer of the case to a Court outside Mahabubnagar District mainly on the ground that A-7 in the case and his former counsel hail from Mahabubnagar District and are Ministers in the State Government and as such have considerable influence in the Government and also in the District and so he has an apprehension that the witnesses may not give evidence fearlessly and the Public Prosecutor appointed may not discharge his duty impartially. The contention of the accused and also the State is that there are no grounds to transfer the case.

(3.) It is necessary to state some undisputed facts. The State Government issued G.O.R.T.No.1442, dated 21-6-1996 withdrawing prosecution against A-7. In pursuance of that G.O., and the consequential proceedings No.D2/1124/96 dated 18-7-1996 issued by the Collector instructing the Public Prosecutor to file a petition under Section 321 Cr.P.C., the Public Prosecutor filed Crl.M.P.No.786 of 1996 to record the withdrawal of prosecution against A-7. The learned Additional Sessions Judge by his order dated 25-7-1996 allowed the said petition. One D.Subba Rao filed W.P.No.15765 of 1996 challenging the withdrawal of the case against A-7. By an order dated 22-9-2000, my learned brother V.V.S.Rao, J., while setting aside the order of the learned Additional Sessions Judge in Crl.M.P.No.786 of 1996, did not set aside G.O.RT.No.1442, dated 21-6-1996, and gave liberty to the Public Prosecutor to file a separate application in accordance with law. Thereafter A-7 filed Crl.M.P.No.1342 of 2000 seeking discharge, and Public Prosecutor filed Crl.M.P.No.1453 of 2000 seeking permission to withdraw the case against A-7. Both the petitions were dismissed by the learned Additional Sessions Judge. A-7 filed Crl.R.C.No.1230 of 2000 and State filed Crl.R.C.No.1280 of 2000, questioning the order of dismissal of petitions by the learned Additional Sessions Judge. Both the revision cases were dismissed by my learned brother T.Ch.Surya Rao, J., by a common order dated 13-2-2001. A-7, and State also, preferred S.L.P. (Crl) No.1469 of 2001 and S.L.P. (Crl) No.2980-2981 of 2001 before the Supreme Court questioning the common order dismissing the revisions. Both the S.L.Ps., were dismissed on 8-5-2001 and 27-8-2001 respectively by the Supreme Court. Subsequently the case was transferred from the Additional Sessions Court to II Additional Sessions Court (Fast Track Court) after its establishment. Since the wife of the 1st deceased did not have confidence in the Public Prosecutor who was looking after the case, she filed an application to appoint a Special Public Prosecutor to conduct the prosecution. By the Memo No.45072/Cts/A2/2001-2 dated 17-4-2002 of Home (Courts-A) Department she was asked to state if she is willing to pay the remuneration for the Special Public Prosecutor if appointed. She, by her letter dated 4-5-2002, answered in the affirmative. By Memo No.45072/Cts.A/A2/2001-3 dated 21-6-2002 of Home (Courts-A) Department she was informed that as a new Additional Public Prosecutor, Sri P.Laxma Reddy, is appointed to the II Additional Sessions Court, her request for appointment of a Special Public Prosecutor is not feasible.