YELCHURI MANOHAR Vs. STATE OF A P

JUDGEMENT

(1.) The Petitioner is accused No. 1 in S.C. No. 209 of 2004. He is charged with the murder of Revuri Sri Lakshmi on 21-6-2004. The case is not only a sensation but also a sensitive one. The case raked up emotions of large number of well meaning people of Vijayawada City. Curiously Bezawada Bar Association - whether it is professionally right or wrong; passed an unanimous resolution on 22-6-2004, resolving to deny a very valuable constitutional and fundamental right of accused to have the services of a trained lawyer. The same does not augur well for human rights. Be that as it may, in the background of expression of professional solidarity by the lawyers of Vijayawada, the petitioner who himself surrendered before P.S. Egmore, Chennai city moved this application under Section 407 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking transfer of S.C. No. 209 of 2004 on the file of the Court of Sessions Judge-cum-Mahila Court, Vijayawada to any other competent Court in any District.

(2.) This Court while admitting the petition stayed all further proceedings in S.C. No. 209 of 2004. The learned Public Prosecutor of the State has now moved a miscellaneous petition for vacating the interim orders. In support of the said petition, he alleged that the accused No. 1 is being represented by Sri David Ratna Kumar, Advocate and accused Nos. 2 and 3 are being represented by Sri Karanati Ram Mohana Rao and, therefore, the transfer of the Sessions Case from the file of Manila Court is not required.

(3.) The matter was heard on 26-4-2005. The learned Counsel for the Petitioner, Sri T. Pradyumna Kumar Reddy, sought time to get instructions in the matter having regard to the allegations made in the affidavit accompanying the petition for vacating the interim order. Today, after instructions, the learned Counsel for the petitioner is not able to deny the averments made by the Inspector of Police, North Circle, Vijayawada city in the affidavit accompanying the vacate petition. He only prays this Court to direct the concerned Court to expedite the criminal trial. There cannot be any objection for the prayer made by the learned Counsel for the petitioner.