T M OBULESU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This application is directed to withdraw S.C. No...../92 from the file of the Court of Special Judge for trial of offences under the S.Cs. and S.Ts. (Prevention of Atrocities) Act, Chittoor arising out of SC No.211/90 on the file of the Addl. Sessions Judge, Anantapur and to retransfer the same to the Court of the Addl. Sessions Judge, Anantapur for disposal, according to law.

(2.) S.C. No.211/90 on the file of the Court of the Addl. Sessions Judge, Anantapur is a case arising under Cr.No.44/89 of P.S. Kuderu under Secs.147, 148,302 r/w Sec.149 I.P.C. While the case was pending on the file of the Addl. Sessions Judge, Anantapur, a Circular in Roc. No.2582/50/91 dated 12-2-1992 was issued by the High Court in exercise of the powers under Sec.407 of the Code of Criminal Procedure permitting all the Sessions Judges, Addl. Sessions Judges and Assistant Sessions Judges of the concerned district to transfer the cases filed under the S.Cs. and S.Ts. (Prevention of Atrocities) Act, 1989 (in brief 'the Act') to the concerned Special Courts for trial according to law. Under the said Circular, SC No.211 /90 on the file of the Addl. Sessions Judge, Anantapur was transferred to the Special Court constituted under the Act at Chittoor. Aggrieved by the same the present transfer Crl.M.P. is directed.

(3.) Sri Bali Reddy, the learned counsel appearing for the petitioners submits that this is not a case triable by the Special Court, the transfer is not warranted and the case be retransferred to the file of the Addl. Sessions Judge, Anantapur. As a matter of fact before approaching this Court, an application was made before the learned Sessions Judge, Anantapur to recall the case from the file of the Special Court and since the said application was dismissed as per the order dated June 19,1992 the present petition is filed.