Criminal Petition challenging jurisdiction to surrender at Hyderabad/Cyberabad instead of local jurisdictional court dismissed. Court held apprehension of foul play unfounded and identical elsewhere.
Petition seeking permission to surrender before Hyderabad or Cyberabad courts dismissed.
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THE HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.1235 of 2013
O R D E R :
This petition is filed under Section 482 Cr.P.C., to permit the petitioner to surrender before any Court of law at Hyderabad or Cyberabad in connection with Crime No.11 of 2013 of Hanamkonda Police Station, Warangal District.
Heard Sri T.Pradyumna Kumar Reddy, learned counsel appearing for the petitioner-accused and learned Additional Public Prosecutor, representing the State.
The petitioner is one of the accused in Crime No.4 of 2013 of Srirampur Police Station, registered for the offences punishable under Sections 341 and 506, read with Section 34 of the Indian Penal Code. One Pothula Sai Nikhil, Ramesh and K.Hanumanthu, who are the accused in the said crime were arrested and released on bail. It is submitted on behalf of the petitioner that after their release on bail from the jail at Adilabad in the above said crime, they were again taken into custody illegally by Hanamkonda Police on 2-2-2013. It is submitted that if the petitioner approaches the Court at Hanamkonda for the purpose of surrender in the present crime, the police may kill him in a fake encounter.
In this case, the petitioner did not state any circumstances probablizing his version that he would be killed in an encounter by the police. Simply, it is stated in the petition that he apprehends that the police would kill him in an encounter or they would take him into illegal custody and adopt third degree methods. Therefore, he states that he filed this petition seeking permission to surrender in any Courts at Hyderabad or Cyberabad.
If the Court permits him to surrender before any other Court, as sought for, if at all there is any risk, it would be same at any place. If this kind of petitions are encouraged, some more accused will come up with similar petitions invoking the jurisdiction of this Court to permit them to surrender before the Court of their choice. The apprehension of the
petitioner that either he would be killed in an encounter or the police would take him into illegal custody and adopt third degree methods against him, seems to be unfounded. Even if there is any such risk involved, that will be the same at any place, even if this Court permits the petitioner to surrender in any Court, it will be certainly known to the police.
For the foregoing reasons, I am not convinced that this is a case wherein this Court can exercise jurisdiction under Section 482 Cr.P.C., permitting the petitioner to surrender before the Court other than the jurisdictional Court in which he is required to surrender.
In the result, the Criminal Petition is dismissed.
_____________________ R. KANTHA RAO, J
February 22, 2013 Dv/smr
THE HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.1235 of 2013
February 22, 2013
Dv/smr
2 issues framed by the court
Whether this Court can exercise jurisdiction under Section 482 Cr.P.C. to permit the petitioner to surrender before a Court other than the jurisdictional Court.
Whether the apprehension of being killed in a fake encounter or illegal custody justifies granting permission to surrender at a choice of court.
1 provisions across 1 enactments
Petitioner-accused
State
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
