Karra Raghu Vs The State of Telangana

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IN THE HIGH COT,,RT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FME

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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TRANSFER CRIMINAL PETITION NO: 101 OF 2024

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Between:

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Karra Raghu, S/o. Sambaiah, Aged 45 years, Occ. Contractor, R/o.H.No. 1-8-169, Flat No.402, Sri Rama Residency, Balasamudram, Hanumakonda

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana at Hyderabad.

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2- Manupati Preethi, , Wo. Suresh, Aged 38.years, Occ. Housewife, R/o. H.No. 3-14586/5, Hanuman Nagar, Hanumakonda.

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3 Manupati Suresh. S/o. Shankar, Aged 39 years, Occ, Medica{ Representative, R/o. H.No. 3-14-686/5, Hanuman Nagar, Hanumakonda.

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Manupati Shankar, S/o. Uppalaiah, Aged 63 years, Occ. Retired SFO, R/o- H.No. 3-14-686i5, Hanuman Nagar, Hanumakonda.

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5- Manupati Prameela, Wo, Shankar, Aged 58 years, Occ: Housewife, R/o. H.No. 3-14-686/5, Hanuman Nagar, Hanumakonda.

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...RESPONDENTS/ACCUSED 1 TO 4

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Transfer Criminal Petition filed under Section 447 of BNSS., in the circumstances stated in the affidavit filed in support of the petition. the High Court may be pleased to withdraw the pending C.C.No.316 of 2O22, pending on the file of the Vl Additional Judicial Magistrate of First Class, Hanumakonda and to transfer the same to the file of the Special Sessions Judge for SC/ST Cases at Warangal to be tried along with SC.SPL No. 154 of 2021_

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LA. NO: 1OF 2024

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Petition under Section 528 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No.316 of 2O22, pencjing on the file of the lll Additional Judicial Magistrate of First Class Hanumakonda.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments ot Sri P.DEVENDER, Advocate for the Petitioner and the public prosecutor (TG) on behalf of the Respondent No. 1 and of Sri K. NIRANJAN REDDY, Advocate for the Respondent Nos 2 to 5

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The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE K. SU.TANA

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Tr.Crl.P.No. lOL of 2ol24

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ORDER:

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This Transfer Criminal Petilion is frted under^{Section447 of} the Bharatiya Nagarik Suraksha Sanhita,^{2023, by the petilioner to} transfer C.C. No. 316 of 2022^{pendingon the frle of the learnedVI} Additional Judicial First Class Magistrate,^Hanumakonda.

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The brief facts of the case are that on^{18.06.2021,the} accused persons came to the house of^{the de-factocomplainartt} and threatened him with dire consequences^{for following their} instructions by abusing him in hlthy^{language over family} disputes. Hence, a case was registered^{uide Cirrre No.382of 2O2l} before the Subedari Police station,^{Hanumakondaand after} completion of investigation, a charge^{sheetwas fied uide C'C' No'} 316 of 2022 on the {ile of the learned^{VI AdditionalJudicial First} Class Magistrate, Hanumakonda, for^{the offencespunishable} under Sections 448, 323, 290 and 5O6^{read with 34 of t].e Indian} Penal Code, 1860.

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Heard Sri P.Devender, learned counsel^{appearingon behalf} of the petitioner and Sri^{Arun Kumar Doddla, learnedAdditional}

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2

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sKs,J Tr.Crl.P.lto.lO1 of 2024

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Public Prosecutor for respondent No.l as well as Sri K.Niranjan Reddy, learned counsel for respondent Nos.2 to 5.

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4 Leamed counsel for the petitioner submitted that respondent No.3 frled counter blast case against the petitioner uide S.C. Spl. No.154 of 2O2t artd the same is pending before the learned VII Additional District Sessions Judge- Cum-Special Sessions Judge for SC/ST (pOA) Act Cases, Warangal. He further submitted that s.c.spr. No.r54 0f 2027 and c.C. No 3i6 0f 2022 are interrelated to each other. Therefore, he prayed the Court to transfer C.C.No.316 of 2022 to the lile of learned Special Sessions Judge for SC/ST Cases ar Warangal.

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On the other hand, learned counsel lor respondent Nos.2 to 5 opposed the submissions of the learned counsel for the petitioner stating though both the cases are interrelated to each other, counter blast is registered under SC/ST Act ivhereas the present case is registered under IpC. Hence, he prayed l.he Court to dismiss the Trarsfer Criminal petition.

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In the light of the submissions made by both the parties ald a perusal of the material available on record, it is clear that t_he petitioner is attending proceedings in S.C. Spl. No. li>4 of 2O2l pending on the file of learned VII Additional District Sessions Judge-Cum-Specia_l Sessions Judge for SC/ s1 pOA. .{cr Cases,

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3

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sxl,,J Tr.Crl.P.No.lOl^{of 2024}

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Warangal and^{both the cases are interrelated to each other as} issue arisen^{is between the familymembersover the family} disputes.^{Hence, this Court is inclined to transfer the C'C' No' 316} of 2022 from^{the hle of the learned VI AdditionalJudicial First} Class Magistrate,^{Hanumakonda, to the file of the learnedSpecial} Sessions^{Judge for SC/STCases at Warangal'}

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Accordingly,^{the Transfer Criminal Petition isallowed'} C.C. No.3t6^{of 2022 stands transferred from the file of the learned} VI Additionat^{Judicial Magistrateof First Class'Hanumakonda' to} thefrleofthelearnedSpecialSessionsJudgeforSC/STCasesat Warangal.^{The Court concerned is herebydirected to transmit the} entire case^{file relating to C.C.No. 3|6 of 2022, after duly indexed,} under intimation^{to the other side There shall be no order as to} costs.

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Miscellaneous^{applications,ifany pending' shall stand}

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closed.

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SD'. K.^AMMAJI DEPUW^REGISTRAR

\

//TRUE^COPY/'

SECTION^OFFICER

To,

1 The Court^{of lll Additional Judicial Magistrate of First Class' Hanumakonda} 2 The Station^{House Officer' Hanumakonda Police Station Subedari'} Hanumakonda State^{of Telanganaat}

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