IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 37 OF 2025 Between: 1. Shaik Subhani @ Rajashekar, S/o Baji, about Aged 28 years, R/o Door No. 11-67, Indiranagar-ll, Yenamalakgduru Village, Penamaluru Mandal, NTR District. 2. Returi Sumanth Kumar, S/o Ratna Sekhar, Aged about 38 years, R/o Door No. 14-74, Dhanekural Bosaiah St. Village, Penamaluru Mandal, NTR District. Indira Nagar-ll, Yenamalakuduru ...Petitioners/ Accused Nos.1 & 2 AND 1. Kum Krishnagiri Vaishnavi, D/o K.V. Satyanarayana, aged 24 years, R/o. Door No. 8-8, Balaji Hotel Road, Endowment Colony, Kamyya Thopu Centre, Kanuru Village, Penamaluru Manadal, NTR District. ...Respondent/ Defacto Complainant/ Victim 2. The State of A.P., rep.by the Public Prosecutor, High Court of A.P., Amravati. ...Respondent Petition filed under old section 407 of Cr.P.C and New Section 447 of BNSS Act, 2023, prays that the High Court may be pleased to transfer S.C.No. 35 of 2019 pending on the file of the Hon’ble Court of Special Judge for protection of children from Sexual Offences Act-cum- Additional Metropolitan Sessions Judge at Vijayawada to any other competent court. ' l'^. NO: 1 OF 207fi Petition under Section 407(6) of CrPC u/s 447(6) of BNSS under Section praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in S.C.No. 35 of 2019 pending on the file of the Hon’ble Court of Special Judge for protection of children from Sexual Offences Additional Metropolitan Sessions Judge at Vijayawada. 2023 and Act-cum- This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kavati Naresh, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.2 The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.37 of 2025 ORDER: The petitioners/accused Nos.1 & 2 herein have filed the present petition under Section 447 of B.N.S.S., seeking to transfer S.C.No.35 of 2019, on the file of the Special Judge for Protection of Children from Sexual Offences Act- Cum-Additional Metropolitan Sessions Judge at Vijayawada to any other Competent Court. The case of the petitioners in brief is as follows: 2. The contention of the petitioners/accused Nos.1 & 2 is that the case in I. S.C.No.35 of 2019 is arising out of Cr.No.588 of 2016, under Sections 316, 376 IPC and under Section 6 of POCSO Act and the same is pending before the learned Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge at Vijayawada. The petitioners contend that the presiding Judge of the said Court had previously recorded the Section 164 Cr.p.C., statement of the victim, when the said presiding Judicial Officer was serving as a Judicial Officer in the I Metropolitan Magistrate Court at Vijayawada. The petitioners further pleaded that as the aforementioned Judicial Officer is also cited as the witness by the Investigating Officer in the Charge Sheet and for impartiality and fair trial, the case in S.C.No.35 of 2019, Special Judge for Protection of Children from Sexual Offences 2 Act-Cum-Additional Metropolitan Sessions Judge at Vijayawada be transferred from the Court at Vijayawada to Court. has to any other competent 3. Heard Sri K.Naresh, learned counsel for the petitioners Prosecutor representing for the respondent No.1/State. Perused the learned Public record. 4. Perused the remarks submitted by the learned Judicial Officer. It is a fact that the present Judicial Officer, who is working as learned Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge at Vijayawada has recorded the Section 164 statement of the victim in those days when the said Judicial Officer is working as the Judicial Officer at I Metropolitan Magistrate Court at Vijayawada. It is also a fact that the trial in S.C.No.35 of 2019 was conducted by two Judicial Officers prior to the charge taken by the present Judicial Officer and it is not in dispute that the present Judicial Officer of POCSO Court at Vijayawada cited as a witness in the charge sheet filed by the Investigating Officer. is also 5. Learned Assistant Public Prosecutor appearing for the State has represented that the case in S.C.No.35 of 2019, is pending before the learned Special Judge for Protection of Children from Sexual Offences Additional Metropolitan Sessions Judge at Vijayawada, for recording the evidence of the Investigating Officer and if this Court is inclined to transfer the present case from the Court at Vijayawada to the Court at Machilipatnam, Act-Cum- 3 then they requested this Court to fix a time raider directing the transferee Court to dispose of the case. On considering the submissions made by the learned counsel for the 6. petitioners and as well as the learned Assistant Public Prosecutor appearing for the State, I am of the considered view that, since the present Judicial Officer is cited as a witness in the charge sheet filed by the Investigating Officer and further the said Judicial Officer has recorded the Section 164 statement of the victim, when the Judicial Officer is working at I Metropolitan Magistrate at Vijayawada, it is desirable to consider the request made by the petitioners to withdraw S.C.No.35 of 2019, on the file of the Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge at Vijayawada and transfer the same to the Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge at Machilipatnam. In the result, the present transfer criminal petition is allowed and the 7. case in S.C.No.35 of 2019, on the file of the Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge at Vijayawada, is hereby withdrawn and transferred to the Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional ^ Metropolitan Sessions Judge at Machilipatnam. The learned Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge at Vijayawada, shall transmit the case record in S.C.No.35 of 4 2019 to the learned Special Judge for Protection of Children from Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge at Machilipatnam, duly indexed as expeditiously as possible preferably within a period of two (02) days from the date of receipt of a copy of the order. The petitioners/accused Nos.1 and 2 are directed to appear before the learned Special Judge for Protection of Children from Sexual Offences Act-Cum- Additional Metropolitan Sessions Judge at Machilipatnam Further, the learned Special Judge for Protection of Children from on 09.07.2025. Sexual Offences Act-Cum-Additional Metropolitan Sessions Judge at Machilipatnam is directed to dispose of the case in S.C.No.35 of 2019, within a period of two (02) months from the date of appearance of the petitioners/accused Nos.1 and 2 before the transferee Court i.e., 09.07.2025. Accordingly, the Transfer Criminal Petition is allowed. There shall be no order as to costs. 8. Registry is hereby instructed to communicate the order to the concerned Courts forthwith. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Judge for Protection of Children from Sexual Offences Act-cum- Additional Metropolitan Sessions Judge at Vijayawada 2. The Special Judge for Protection of Children from Sexual Offences Act-cum- Additional Metropolitan Sessions Judge at Machilipatnam. 3. One CC to Sri Kavati Naresh, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Shaik Subhani @ Rajashekar, S/o Baji, about Aged 28 years, R/o Door No. 11-67, Indiranagar-ll, Yenamalakuduru Village, Penamaluru Mandal, NTR District 6. Returi Sumanth Kumar, S/o Ratna Sekhar, Aged about 38 years, R/o Door No. 14-74, Dhanekural Bosaiah St., Indira Nagar-ll, Yenamalakuduru Village, Penamaluru Mandal, NTR District. 7. Kum Krishnagiri Vaishnavi, D/o K.V. Satyanarayana, aged 24 years, R/o. Door No. 8-8, Balaji Hotel Road, Endowment Colony, Kamyya Thopu Centre, Kanuru Village, Penamaluru Manadal, NTR District 8. Three CD Copies MV sree HIGH COURT DATED; 24/06/2025 ORDER TRCRLP.No.37 of 2025 ALLOWING THE TRANSFER CRIMINAL PETITION WITHOUT COSTS