Supreme Court - Daily Orders
P. Srinivasan vs Peta Venkamma Alias Peta Venkatamma on 11 September, 2024
Bench: Surya Kant, Dipankar Datta
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IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.)No.302 of 2024
P. SRINIVASAN PETITIONER
VERSUS
PETA VENKAMMA ALIAS PETA VENKATAMMA & ORS. RESPONDENTS
O R D E R
1. The petitioner seeks transfer of C.F No. 2842/2018, titled as “P. Srinivasan vs. Peta Venkamma alias Peta Venkatamma & Ors.”, pending in the Court of IVth Additional Judicial Magistrate of 1st Class, Nellore (Andhra Pradesh). The petitioner seeks transfer thereof to the District and Sessions Judge, Saket Court, New Delhi. The above-mentioned complaint has been filed by the petitioner under Section 200 Cr.P.C. r/w Section 190 Cr.P.C. seeking registration of a criminal case against 19 accused persons and consequential investigation.
2. The petitioner and the private respondents are closely related. There appears to be some dispute between them regarding ownership and possession in respect of Survey No.212/2, which the petitioner’s father is claimed to have purchased vide Regd. Sale Signature Not Verified Deed dated 24.04.1972.
Digitally signed bysatish kumar yadav Date: 2024.09.17
There are, however, subsequent documents 18:19:03 IST Reason:
and sale deeds. Since the dispute is yet to be resolved by a court of competent jurisdiction, we do not express any opinion in 2 relation thereto.
3. The crux of the matter is that the petitioner filed C.F.No.2842/2018 under Section 200 read with Section 190 Cr.P.C. and pursuant to the order passed therein under Section 156(3) Cr.P.C., the SHO, Nellore Rural Police Station registered FIR No. 244/2019 under Sections 416, 418, 419, 420, 463, 464, 465, 467, 468, 471 and 474 read with Section 34 IPC. However, according to the petitioner, no investigation was conducted. The petitioner then filed C.F.No.1689/2019 in C.F.No.2842/2018 before the IVth Additional Judicial Magistrate of 1st Class, Nellore (Andhra Pradesh) to call for status and action taken report, which was allowed with directions to the SHO, Nellore to file status of the investigation. The petitioner then moved applications - C.F.No. 547/2018 and 548/2023 in C.F.No. 2842/2018 before the IVth Additional Judicial Magistrate of 1st Class, Nellore (Andhra Pradesh) to direct the police to investigate and file the chargesheet and to fix a date for hearing in C.F.No. 2842/2018. Both the applications were returned by the Court. Thereafter, the petitioner filed Protest Petition No. 597/2023 in C.F.No. 2842/2018 before the Court of IVth Additional Judicial Magistrate of 1st Class, Nellore (Andhra Pradesh). However, it was returned by the Court because the `refer form’ was not filled by the police.
4. Thereafter, the petitioner approached the High Court through Writ Petition No.30680/2023, which was disposed of vide order dated 19.12.2023 in the following terms:
“4. Be that as it may, in our opinion, no further cause survives for adjudication and is accordingly disposed of. It may be open to the petitioner herein to initiate 3 appropriate steps before the concerned Court. No costs.”
5. It seems that the petitioner again filed a Protest Petition on 03.01.2024 before the IVth Additional Judicial Magistrate of 1st Class, Nellore (Andhra Pradesh), which too was returned by the Court on the ground of the SHO, Nellore, Andhra Pradesh not having resubmitted any report on 18.09.2023. It is in this backdrop that the instant Transfer Petition has been filed seeking transfer of the above-stated proceedings to the Court of competent jurisdiction at Saket Court, New Delhi primarily on the ground that the petitioner, who is a practicing advocate, has now shifted to Delhi.
6. When the matter came up for hearing before this Court on 20.08.2024, the State of Andhra Pradesh, in deference to the previous orders, desired to place on record a Final Report dated 08.12.2021, purportedly filed under Section 173(2) Cr.P.C.in Crime No.244/2019,
7. It was then pointed out by counsel for the petitioner that copy of such Final Report was served on him very recently when the same was served on his Advocate-on-Record. It was brought to the notice of this Court that there was no record with regard to acceptance or non-acceptance of the said Final Report by the jurisdictional Magistrate. Consequently, the parties were directed to file affidavits as to whether or not the final report has been accepted and meanwhile, the Registry was also directed to obtain a report from the IVth Additional Judicial Magistrate of 1st Class, Nellore (Andhra Pradesh) with regard to acceptance or non- 4 acceptance of the Final Report dated 08.12.2021 in Crime No.244/2019.
8. In compliance thereto, the IVth Additional Judicial Magistrate of 1st Class, Nellore (Andhra Pradesh) has sent a report dated 05.09.2024, which, inter alia, reads as follows:
“3. I further humbly submit that, the C.F.2842/2018 which was forwarded by this Court to the S.H.O. of Nellore Rural P.S. was registered as FIR in Cr. No.244/2019 on 12.07.2019 under Sections 418, 419, 420, 463, 464, 465, 467, 468, 471, 474, 416 R/W 34 of I.P.C. and the same was received by this Court on 15.07.2019. Since then, no charge sheet or final report has been filed by the investigating office before this Court till the date as per records available in this Court.
4. Further, I humbly submit that though the investigation is pending before the Station House Officer, Nellore Rural Police Station, on 15-03-2023 the complainant Sri P. Srinivasan filed a protest petition in this Court vide C F No.597/2023 with a prayer to take cognizance of the case and proceed with trial to prosecute the accused No.1 to 19 as a private warrant case on the ground that investigation made by the respondent/police is vague and biased, without filing copy of notice served by investigating officer in Cr.No.244 of 2019 of Nellore Rural P.S.
6. I humbly submit that, meanwhile, on 06/06/2023, this Court issued an official memorandum vide enclosure No.I to the Station House Officer, Nellore Rural P.S., calling for explanation for non filing the final report in Cr.No.244 of 2019. On 27/06/2023, the Station House Officer, Nellore Rural Police Station submitted a letter vide enclosure No.II stating that final report was submitted to this Court on 08/12/2021 after conducting enquiry.
7. Further, I humbly submit that, after receiving the said explanation from the Station House Officer, Nellore Rural Police Station, this Court has verified the Receive Register pertaining to the said period and found that no final report has been received from the Station House Officer, Nellore Rural Police Station.
8. Further, I humbly submit that, on 13/07/2023 this Court has issued an official memorandum vide enclosure No.III again to the Station House Officer, Nellore Rural P.S. calling for explanation where and when the alleged 5 final report pertaining to Cr. No.244 of 2019 is filed, but concerned S.H.O did not sent any explanation. Again on 14.09.2023, this Court sent another official memorandum vide enclosure No.IV on this issue. On 19.09.2023, Sub-
Inspector of Nellore Rural P.S., gave same explanation vide enclosure No.V stating that final report was filed on 08.12.2021.
9. I further humbly submit that, this Court thoroughly verified the received register for the period from 08.12.2021 till date, but no final report is received from SHO, Nellore Rural P.S. in Cr.No.244/2019 connected in C.F. No.2842/2019.
10. I further humbly submit that, Honourable Principal District Court, Nellore issued official memorandum vide enclosure No.VI to this Court regarding missing of final report as per complaint given by the complainant, and this Court submitted the explanation for the same vide enclosure No.VII.
13. I further humbly submit that, the Honourable Principal District Judge, Nellore furnished a copy of order in W.P. No.30680/2023 of the Hon’ble High Court of A. P. Dated 19.12.2023 filed by petitioner namely Sri P. Srinivasan, with regard to the same subject matter in para No.3 of said order the Honourable High Court of A.P. made the following observation.
“It is stated that initially there was some confusion as to whether the closure report had been filed earlier or not. The closure report is yet again resubmitted on 18.09.2023 on which further proceedings are awaited.”
14. I further humbly submit that, as per Hon’ble High Court’s observation, the learned counsel for respondent/Police stated before the Hon’ble High Court that closure report was again re-submitted on 18.09.2023 before this Court. A copy of order in W.P. No.30680/2023 of the Hon’ble High Court of A P dated 19.12.2023 is herewith submitting for your honour’s kind perusal vide enclosure No.XIII.
15. I further humbly submit that this Court verified receive and C F registers to ascertain whether concerned SHO re-submitted the final report on 18.09.2023 or not, but no final report has been re-submitted by the SHO Nellore Rural PS on such date as submitted by respondent/Police before Honourable High Court. Further, the explanation submitted by SHO vide enclosing No.VII does not disclose that SHO re-submitted the closure report.
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16. Hence, I humbly submit that no final report is filed nor re-submitted by SHO, Nellore Rural P.S, and as such this Court neither accepted nor not accepted the report.” (Emphasis supplied)
9. We find from para 15 of the report of the Judicial Magistrate, the relevant part whereof is reproduced above, that despite taking a stand before the High Court that the Closure Report has been filed, the SHO, Nellore Rural Police Station has not resubmitted any report. All that we observe at this stage is that the local police has failed to perform its duties in terms of the procedure contemplated under the Cr.P.C. We say so for the reason that firstly there is nothing on record to indicate that the Closure Report was initially filed on 08.12.2021, as claimed by the local police.
10. Secondly, contradictory stand has been taken before the High Court, on one hand, and before the learned District and Sessions Judge/Judicial Magistrate at Nellore, on the other, as is discernible from the above reproduced report. In such circumstances, we are inclined to expand the scope of these transfer proceedings and consequently pass the following directions:
(i) The Senior Superintendent of Police, Nellore is directed to entrust the investigation of FIR No.244/2019, registered at Police Station Nellore Rural, to a new Investigating Officer other than the one who is claimed to have earlier investigated the same.
(ii) The investigation shall be carried out and taken to 7 its logical conclusion within three months.
(iii) The alleged report dated 08.12.2021 is declared non-
est and it will have no bearing on the fresh investigation, as directed above.
(iv) On submission of the report under Section 173(2) Cr.P.C., the parties shall be at liberty to have further recourse in accordance with law.
11. In light of these directions, we do not deem it necessary to entertain the petitioner’s prayer for transfer of these proceedings.
12. The Transfer Petition is, accordingly, disposed of.
.........................J. (SURYA KANT) ..............…….........J. (DIPANKAR DATTA) ..............…….........J. (UJJAL BHUYAN) NEW DELHI;
SEPTEMBER 11, 2024.
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ITEM NO.3 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Criminal) No(s).302/2024 P. SRINIVASAN Petitioner(s) VERSUS PETA VENKAMMA ALIAS PETA VENKATAMMA & ORS. Respondent(s) Date : 11-09-2024 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Vairawan A.S., AOR For Respondent(s) Mr. Guntur Pramod Kumar, AOR Ms. Prerna Singh, Adv.
Mr. Dhruv Yadav, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is disposed of in terms of the signed order.
(SATISH KUMAR YADAV) (PREETHI T.C.)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)