APHC010154702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 23/2025 Between: Mamidi Lakshmaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKATA RAMA RAO KOTA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The petitioner herein filed the present Transfer Criminal petition under Section 447 of Bharathiya Nyaya Suraksha Sanhitha Act 2023, (for ‘short B.N.N.S. Act’), seeking transfer of S.C.No.80 of 2023, on the file of the Special Court for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, 2012 (for ‘short the POCSO’ Act) Ongole, Prakasam Judicial District, to the file of the Special Court for Speedy Trial of Offences under POCSO Act, 2022, Guntur, and club the same along with S.C.No.256 of 2023, for conducting Joint Trial. 2. The case of the petitioner in brief is as follows: I. The S.C.No.80 of 2023 on the file of the Special Court for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, 2012 (for ‘short the POCSO’ Act) Ongole, Prakasam Judicial District, is filed by the brother of the alleged victim by name Kallu Reshma, for which the Police filed the charge sheet against the petitioner herein and the same was numbered as vide S.C.No.80 of 2023, which is pending before the Special Court for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, 2012 (for ‘short the POCSO’ Act) Ongole, Prakasam Judicial District. The petitioner pleaded that the mother of the alleged victim filed another case before the Special Speedy Trial of Offences Under POSCO Act, 2022, Guntur and the Police has completed the investigation and also filed the charge sheet, the same was numbered as vide S.C.No.256 of 2023, against the petitioner herein which is pending before the Special Speedy Trial of Offences Under POSCO Act, 2022, Guntur. The petitioner further pleaded that in both the cases, all the witnesses are residing in Palnadu area, Guntur District and the nature of the alleged offences and almost all the witness are one and the same, hence, the petitioner is constrained to file the present petition seeking transfer of S.C.No.80 of 2023 on the file of the Special Court for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, 2012 (POCSO Act) Ongole, Prakasam Judicial District, to the file of the Special Court for Speedy Trial of Offences under POCSO Act, 2022, Guntur. 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor representing on behalf of respondent No.1/State. 4. As seen from the material available on record in both the cases, the alleged victim and nature of alleged offence are one and the same and almost all the witnesses, victim and the petitioner/accused herein are residing in Palnadu area, Guntur Judicial District. 5. Learned Assistant Public Prosecutor, also fairly represented that almost all the witnesses are residing in Palnadu area within the jurisdiction of Guntur Judicial District, except official witnesses. 6. Considering the aforesaid circumstances of the case, the convenience of the witnesses has to be taken into consideration than that of the inconvenience caused to the accused. In the case on hand, in both the cases the accused herein as well as all the witnesses including the victim, except official witnesses are residing in Palnadu area, Guntur, Judicial District. Therefore, on considering the aforesaid circumstances of the case, the present Transfer Criminal Petition is allowed and S.C.No.80 of 2023 on the file of the Special Court for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, 2012 (POCSO Act) Ongole, Prakasam Judicial District, is hereby withdrawn and transferred to the file of the Special Court of Speedy Trial of Offences under POCSO Act, 2022, Guntur. The learned Special Court for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, 2012 (for ‘short the POCSO’ Act) Ongole, Prakasam Judicial District, shall transmit the case record in S.C.No.80 of 2023, to the file of the Special Court for Speedy Trial of Offences under POCSO Act, 2022, Guntur, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. The petitioner/accused is hereby directed to appear before the Special Court for Speedy Trial of Offences under POCSO Act, 2022, Guntur, on 12.05.2025, at 10.30 a.m. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 16.04.2025 CVD