AILONI MUKUNDA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Transfer Criminal Petition under Section 407 of Cr.P.C. is filed by the petitioners/A.1 to A.11 seeking to withdraw C.C.No.402 of 2008 from the file of the learned Additional Judicial First Class Magistrate, Jangaon, Warangal District, and transfer the same to any other competent Judicial First Class Magistrate Court at Warangal or any other competent Court in Warangal District and consequently sought a direction to set aside the order dt.18.07.2019 in Tr.Crl.M.P.No.366 of 2019 passed by the learned Principal Sessions Judge, Warangal, dismissing the application filed by the petitioners seeking transfer of the above C.C.No.402 of 2008.

(2.) The case of the prosecution is that the petitioners/Accused having agreed to sell the land to the complainant and received a sum of Rs.3,40,000/- towards part of sale consideration from him and the complainant has been cultivating the said land, postponing registration of the said land in the name of the complainant for one reason or other by receiving the balance sale consideration. Subsequently, keeping in mind increase of the value of the land, the petitioners hatched a plan to get the complainant vacate the said land and accordingly, the petitioners criminally trespassed into the said land, damaged the motor pipes and committed theft of submersible motor got fixed by the complainant from the well. Basing on the complaint lodged by the complainant, the police registered Crime No.37 of 2008 for the offences punishable under Sections 447, 427, 379 r/w. Section 34 of IPC and after investigation the police filed charge sheet and the case is numbered as C.C.No.402 of 2008.

(3.) Heard Dr. Venkat Reddy Donthi Reddy, learned counsel for the petitioners/A.1 to A.11 and the learned Additional Public Prosecutor appearing for respondent No.1 State. Despite service of notice, respondent No.2/complainant refused to take notice and hence notice is deemed to have been served on respondent No.2 and there is no representation on his behalf.