SUNEETHA NARREDDY & ANOTHER versus THE CENTRAL BUREAU OF INVESTIGATION AND OTHERS

SUNEETHA NARREDDY & ANOTHER versus THE CENTRAL BUREAU OF INVESTIGATION AND OTHERS

Given the demonstrated influence on witnesses, life‑threat perceptions to key witnesses, the mysterious death of a key witness who had volunteered to give a statement under Section 164 Cr.P.C., and the stalling of further investigation due to threatened harassment and a stayed complaint against CBI officers, there was a reasonable apprehension that a fair and independent investigation and trial could not be conducted in Andhra Pradesh; therefore the criminal trial was transferred from the CBI Special Court, Kadapa to the CBI Special Court, Hyderabad and the CBI was directed to complete further investigation on larger conspiracy and destruction of evidence independently and in a time bound...

Parties
Petitioner: Suneetha Narreddy; Petitioner: Another; Respondent: Central Bureau of Investigation; Respondent: State of Andhra Pradesh
Jurisdiction
India
Judgment Date
29 November 2022
Procedural Posture
Writ Petition (criminal) Under Article 32 / Final Judgment Writ Petition Allowed (transfer Ordered)
Outcome
Writ petition allowed
Legal Topics
Transfer of Trial, Fair and Impartial Trial, Witness Protection, CBI Investigation, Article 21, Article 32
Criminal Law Constitutional Law Criminal Procedure Transfer of Trial Fair and Impartial Trial Witness Protection CBI Investigation Article 21 +1 more

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Parties

Suneetha Narreddy

Petitioner

Another

Petitioner

Central Bureau of Investigation

Respondent

State of Andhra Pradesh

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 / Final Judgment Writ Petition Allowed (transfer Ordered)

Legal Issues

  1. 1 Whether there is a reasonable apprehension that a fair and independent trial and further investigation cannot be carried out in Andhra Pradesh
  2. 2 Whether the trial arising out of RC-04(S)/2020/CBI/SC-III/New Delhi should be transferred to a court outside the State of Andhra Pradesh
  3. 3 Whether the CBI should be directed to complete further investigation on larger conspiracy and destruction of evidence independently and in a time bound manner

Ratio Decidendi

Given the demonstrated influence on witnesses, life‑threat perceptions to key witnesses, the mysterious death of a key witness who had volunteered to give a statement under Section 164 Cr.P.C., and the stalling of further investigation due to threatened harassment and a stayed complaint against CBI officers, there was a reasonable apprehension that a fair and independent investigation and trial could not be conducted in Andhra Pradesh; therefore the criminal trial was transferred from the CBI Special Court, Kadapa to the CBI Special Court, Hyderabad and the CBI was directed to complete further investigation on larger conspiracy and destruction of evidence independently and in a time bound...

Court Disposition

Writ petition allowed

Orders

  • Trial arising out of RC-04(S)/2020/CBI/SC-III/New Delhi from CBI Special Court, Kadapa, Andhra Pradesh is transferred to the CBI Special Court, Hyderabad
  • All relevant papers including chargesheet and supplementary chargesheet to be transferred to the CBI Special Court, Hyderabad