The High Court of Telangana disposed of a Transfer Criminal Petition praying for transfer of a defamation case to a Special Court for trial of MPs/MLAs, holding that no case for transfer arose since the accused in the target sessions case had been acquitted.
No transfer order passed; petition dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD
WEDNESOAY, THE THIRTEENTHDAY OF APRIL TWO THOUSANDAND TWENW TWO
PRESENT
THE HONOURABLE SRI JUSTICEUJJALBHUYAN
TRAN SFER CRIMINAL PETITI NO: 42 OF 2021
Betwgen:
K.Amarender Reddv, S/oLate K.Lakshma Reddy,Aged about66 Yrs', Occ: Business' R/o Plot No.120,Rdad No.13, Banjara Hills, Hyderabad'
..,PETITIONER
ANO
.,RESPONDENTS
TransfercriminalPetitionunderSection4oTofCr.P.Cprayingthatin.the circumsiancesstated in the Memorandumof Grounds of Transfer Crimina! Petition' i;; Hi;h Corrt ,"ybe pleasedto withdrawc C No'345of 20'15on the file of irin.ip'rt .lrOl"i.tFirst Class Magistrate, Janagon,Waran-galDistrictand samemay oe tianiterreo to thecourtof S-peciatsessions Judge for the Trial of MPs/[/LAs Corrt "i Nrrp"ffy in S.C No.2of 2OZOin the light of Apex Court orderW P (Civil) NoSSSIZOTOas wellasthe order of Hon'ble High courtof Karnataka at Bangaluru in Crf.n.f.fo.zzaa of2019 in the case of S.A. Ramdas,Vs state of Karnataka' in the interest ofjustice.
R RLP NO: 02
TransferCrimlnalPetitionunderSection4oTcl.P.cprayingthat.in.the .ii*r.1rn"u"stated in the affidavitfiled in supportof the p_etition,the High Court ;"y';;;i";;J to stav att further Proceedingsin C C No345 of 20'15 on the file of ;;i;.ip;l' Juoi"irt ri,.iclassMagistrate, lanagon' WarangalDistrict' pending disposal of theaboveTransfer Criminal Petition'
This Petitioncomingon for hearing' upon perusingthe Memorandum of Grounds ofCriminal Petition and upon hearlng the arguments of Sri P Pradeep Kumar Reddy,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri.J. Suresh babu,Advocate for the Respondent No 2'
The Court madethe following: ORDER
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THE HON'BLE SRI JUSTICE UJJAL BHUYAN TRANSFER CRIMINAL PETITION No.42 OF 2O2L ORDER:
Heard Mr. P. Pradeep Kumar Reddy, learned counsel for the petitioner; VIr. S. Ganesh, learned Public prosecutor for respondent No. 1 State of Telangana; and Mr. Suresh Babu, learned counsei for respondent No.2.
4 In the hearing today, learned counsel for respondent \ No.2 has placed before the court a copy of judgment and
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order d.ated 08.12.2021passed by the learned Special Sessions Judgefor Trial of Criminal Cases relating to elected MPs/MLAs of theState of Telangana,Hyderabad in Sessions Case No.2 ol2O2O. From a perusalof the said judgment and order, it is seenthat learned court below had arrived at the finding that theprosecution had failed to prove the guilt of the accused forany of the charges framed againstthem' Accordingly, theaccused persons have been acquitted'
I I I t 8. Accordingly,the transfercriminai petition is disposed l / i of. No costs.
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arbitration application sha,ll stand closed.
SOTT.KRISHNA KUMAR ASSISTANT REGISTRAR
\
To,
//TRUE COPY//
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SECTION OFFICER
LS
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HI
DATED:13/0 412022
ORDER
1 HE STrir 5
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TRCdLP.No.42 of 202
Transfer Criminal petition lS DISPOSED OF.
Al
1 issue framed by the court
Whether a Transfer Criminal Petition under Section 407 Cr.P.C. was maintainable to transfer a case to a Special Court after the accused in the transferee case had been acquitted in the meantime.
3 provisions across 2 enactments
K. Amarendar Reddy
The State of Telangana
Yadaoigri Reddy
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
