IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 37 OF 2024 Between: Palle Durga Rao @ Durga Prasad, S/o.Venkateswararao. 26 years, Aged about R/o.D.No.3-75, Ambedkarnagar, Kotikalapudii village. Ibrahimpatnam Mandal, Krishna District. ...PETITIONER/ACCUSED AND 1. The State Of Andhra Pradesh, Rep. by its Public Prosecutor of Andhra Pradesh at Amaravati. 2. Rompicharla Thirupathi Rao, S/o.Subba Rao R/o.Backside ofPanchayat Office, Ibrahimpatnam, Kotikalapudi, Vijayawada City, Krishna District. 3. Boddu Suresh, S/o.Durgarao, Aged about 30 Village, H/o.Velagaleru Village.G.Konduru Mandal, 4. Sivarama Krishna @ Chinna Babu Chatragadda, S/o.Chinna Venkateswara Rao, Aged about 23 Ibrahimpatnam Mandal, Vijayawada, NTR District. 5. Arja Nagaraju, S/o.Devaraju, Aged about 19 Village, Ibrahimpatnam Mandal, Vijayawada, High Court Aged about 40 years years, Kolletigudem NTR District. years, R/o.Kotikalapudi Village years, R/o.Kotikalapudi NTR District. ...RESPONDENTS Petition under Section 407 of Cr.P.C praying that in the m support of the petition, may be on the file of the court of Learned circumstances stated in the affidavit filed i pleased to transfer S.C.No.5 of 2022 Special^ Judge For Protection of Children Additional Metropolitan Sessions From Sexual Offences Act-Cum- Judge, Machilipatnam. Krishna District filed by the respondents herein S.C.No.137 of 2019 to be tried and adjudicate along pending on the file of Learned Special Judge -J From Sexual Offences with For Protection of Children Act-Cum-Additional ropoian Sessions Judge, Vijayawada, NTR District filed respondents. by the LA. NO: 2 OF Petition under Section 151 stated in the affidavit filed in support of the petifion, the High Court may be pleased to extend the interim orders passed in I.A. No 1 of 2024 08.05.2024 in TRCRLP No. 37 of 2024, TRCRLP and CPC praying that in the circumstances dated pending disposal of the above pass This Petition coming on for hearing, upon perusing the Memorandum Of Grounds of Criminal Petition and upon hearing the arguments CHALASANI AJAY KUMAR .Advocate for the Petitioner and the Prosecutor on behalf of the Respondent No.1. of Sri Public Counsel for the Petitioner- Counsel for the Respondent No. The Court made the following; ORDER SRI. CHALASANI AJAY KUMAR 1: PUBLIC PROSECUTOR THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 37 OF 2024 ORDER: The petitioner filed the present petition under Section 407 of Cr.P.C. seeking to transfer S.C.No.5 of 2022 on the file of the Court of Special Judge for Protection of Children From Sexual Offences Act-cum-Additional Metropolitan Sessions Judge. Machilipatnam, Krishna District and adjudicate along with S.C.No.137 of 2019 pending on the file of the Court of Special Judge for Protection of Children from Sexual Offences Act- cum-Additional Metropolitan Sessions Judge, Vijayawada, NTR District. to be tried 2. The case of the petitioner in brief is as follows: [i] The petitioner is the accused in S.C.No.05 of 2022 as well as in S.C.No.137 of 2019. [ii] The grounds urged by the petitioner for seeking the transfer are that in both the said cases, the victim and the accused are one and the same. [»] It is further pleaded that almost all the witnesses in both the cases are residing nearby Vijayawada and that he is constrained to file this application. 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor, appearing for the 1®* respondent. \. V 2 4. Though notice served on the respondents 2 to 5, none appeared on St their behalf. Learned Public Prosecutor filed counter on behalf of the 1 respondent. 5. Perused the record. 6. The material on record prima facie goes to show that almost all the witnesses are residing nearby Vijayawada and the leaned Public Prosecutor firmly conceded that almost all the witnesses in both the cases are residing nearby Vijayawada. In such a case, this Court is of the considered view that it will be very much convenient to the witness to appear before the Court at Vijayawada, for giving evidence, therefore, there are grounds to consider the request of the petitioner to transfer the case in S.C.No.5 of 2022 on the file of the Court of Special Judge for Protectionof Children From Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Machilipatnam, Krishna District to the Court of Special Judge for Protection of Children from Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Vijayawada. 7. In the result, the Transfer Criminal Petition is allowed and S.C.No.5 of 2022 on the file of the Court of Special Judge for Protection of Children From Sexual Offences Act-cum-Additional Sessions Judge, Machilipatnam, Krishna District is hereby withdrawn and transferred to the Court of Special Judge for Protection of Children from Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Vijayawada, NTR District. / 3 8. The learned Special Judge for Protection of Children from Sexual Offences Act-cum-Additional Sessions Judge, Machilipatnam shall transmit the case record in S.C.No.5 of 2022 Court of Special Judge for Protection of Children from Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Vijayawada, NTR District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of this order. 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. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To 1. The Special Judge for Protection of Children from Sexual Offences Act- cum-Additional Metropolitan Sessions Judge, Machilipatnam, Krishna District. 2. The Principal District and Sessions Judge, Machilipatnam, Krishna District. 3. The Special Judge for Protection of Children from Sexual Offences Act- cum-Additional Metropolitan Sessions Judge, Vijayawada. 4. The Station House Officer, Vijayawada Police Station, Ibrahimpatnam, Vijayawada, NTR District. 5. One CC to Sri. Chalasani Ajay Kumar, Advocate [OPUC] 6. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh.[OUT] 7. Three CD Copies VNA \ HIGH COURT DATED:09/01/2025 ORDER TRCRLP.No.37 of 2024 ,§ 0 5 FEB 2025 ^ Current Section . ^ ALLOWING THE TRCRLP