G.SEKHAR Vs. ALATI SRINIVASULU

JUDGEMENT

(1.) I have heard learned counsel Mr.G.R.Sudhakar, representing on behalf of Mr.V.Vinod K. Reddy, learned counsel for the petitioners. There is no representation for the State. Notice served to R1 to R8. None appeared.

(2.) This Transfer Criminal Petition is filed by the petitioners under Sec. 407 of the Criminal Procedure Code (in short, 'Cr.P.C'), who are accused in S.C.No.121 of 2020 on the file of Assistant Sessions Judge, Srikalahasthi.

(3.) The case of the petitioners in brief is that R9/State registered a case in Crime No.32 of 2019 against them for the offences punishable under Ss. 147, 148, 324, 307 and 506 IPC read with 149 IPC and after due investigation, the SHO filed charge sheet which is registered as S.C.No.121 of 2020 pending on the file of Assistant Sessions Judge Court, Srikalahasthi. It is also the contention of the petitioners that on the complaint made by them, R9 also registered a case in Crime No.34 of 2019 against the respondents 1 to 8 for the offences punishable under Ss. 147, 148, 447, 323, 324, 307 and 427 IPC read with 149 IPC, but filed charge sheet before Judicial First Class Magistrate, Satyavedu, by deleting Sec. 307 IPC, which is registered as C.C.No.121 of 2020 pending on the file of Judicial First Class Magistrate, Satyavedu. The petitioners submit that both cases were registered on the basis of same incident agaisnt the petitioners and R1 to R8 by the same SHO, but R1 to R8 got deleted Sec. 307 IPC in Crime No.34 of 2019 wherein they are accused, whereas as the petitioners are shown as accused in Crime No.32 of 2019 in view of retaining Sec. 307 IPC, the case has been committed to Court of Sessions, which made over the case to Assistant Sessions Judge Court, Srikalahasti, vide S.C.No.121 of 2020 wherein they are accused. The main contention of the petitioners is that R1 to R8 have filed counter before Principal District Court, Chittoor admitting registration of both crimes and they have no objection if both cases are tried together, but requested to transfer the cases to Courts at Tirupati. However, learned Principal Sessions Judge, Chittoor dismissed their transfer petition by observing that both incidents are occurred not at one and the same time and same place. It is also the contention of the petitioners that both incidents are occurred at the same place within one hour and accused and witnesses in both cases are also same, due to that, both cases have to be tried by the same Court in the interest of justice.