AI Structured Summary
Not yet generated for this judgment
Judgment
Samudrala Govindarajulu, J.—The Petitioners/accused are aggrieved by order, dated 30.9.2010, passed by the Sessions Judge, Anantapur, in Crl. MP No. 171 of 2010 transferring SC No. 371 of 2008 from the file of Assistant Sessions Judge, Penukonda to the file of Assistant Sessions Judge, Anantapur on the ground that Sri Dayakara Reddy, the then Additional Public Prosecutor at Penukonda was junior of Sri D. Pakkeera Reddy who is defending the accused in that case. It is now brought to my notice that the previous Additional Public Prosecutor''s term was over and new Additional Public Prosecutor by name Sri G. Ramesh Reddy took charge in his place.
It is contended by the Respondents'' Counsel that Sri G Ramesh Reddy was also a junior of Sri D. Pakkeera Reddy who is a senior Advocate. Simply because Sri D. Pakkeera Reddy happened to be senior of the Additional Public Prosecutor, it cannot be a ground for transfer of the Counsel appeared: Abdul Najeeb Khan, Counsel for the Petitioners; K, Maheswara Rao, Counsel for the Respondent No. l; Public Prosecutor, Counsel for the Respondent No. 2. case from that Court. If this principle is to be accepted, then Sri D. Pakkeera Reddy cannot appear in any case to defend any accused in that place. The ground urged in the lower Court for transfer of the case is not sound and is not tenable in law. Unless there are any specific allegations of collision between the Public Prosecutor and the defence Counsel, the case cannot be transferred from one place to another.
In the result, the criminal revision petition is allowed setting aside the impugned order passed by the lower Court. SC No. 371 of 2008 shall be tried and disposed of by the Assistant Sessions Judge, Penukonda.