% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 46 OF 2024 Between: Guttula Subbanna S/o.Sambamurthy, aged 35 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M) Godavari District. (Defacto-complainant/L.W.1 in C.C.NO.440/2022 and A-3 in S.C.No.39/2019). West ...PETITIONER AND 1. Guttula Radhakrishna S/o Venaktaratnam, aged 45 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. (Defacto-complainant/LW.1 in S.C.NO.39/2019 andA- 1 in C.C.No.440/2022) 2. Guttula Mariyya, S/o. Paramesh, aged 45 years,-Hindu. Male, resident R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M) Godavari District. (L.W.7 in S.C.NO.39/2019 arid A-2 in C.C.No.440/2022) • 3. Guttula Srinivasu S/o. Govindaraju, aged 40 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. (A-3 in C.C.No.440/2022) , West # 4. Guttula Tataji, S/o Mariyya, aged 40 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. (A-4 in C.C.No.440/2022) Ti » 5. Guttula Srinivasu S/o Sambamurthy, aged 44 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. (A-1 in S.C.NO.39/2019 and LW3 in C.C.No.440/2022) 6. Guttula Shavukaru S/o Sambamurthy, aged 38 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. (A-2 in S.C.NO.39/2019 and LW5 in C.C.No.440/2022) 7. The State S.HO. Mogalturu P.S. West Godavari District Rep., by its Public Prosecutor, High court of AP at Amaravathi. The state of Andhra Pradesh, Represented by its Public Prosecutor High court of AP at Amaravathi 8. ...RESPONDENTS Petition under Section 407(2) of the C.R.P.C. is filed praying that in the circumstances stated in the Memorandum of Grounds of Transfer Criminal Petition, the High Court may be pleased to order for transfer of the case C.C.No.440 of 2022 pending on the file of Hon'ble Addl. Judicial First Class Magistrate, Narasapuram, West Godavari district to the file of the Hon'ble Assistant Sessions Judge, Narasapuram, West Godavari district, to be tried and disposed off the same simultaneously along with S.C.No.39/2019 pending on its file, in the interest of justice I.A. NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High # Court may be pleased to stay ail further proceedings in C.C.No.440 of 2022 pending on the file of Hon'ble Addl. Judicial 1st Class Magistrate Narasapuram, West Godavari district, pending disposal for the above Transfer Criminal Petition. This Petition coming on for hearing Memorandum of Grounds of Criminal Petition upon perusing the and upon hearing the arguments of Sri KOTHA NAGA SURYA RAO, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondents No.7 & 8. Counsel for the Petitioner: SRI. KOTHA NAGA SURYA RAO Counsel for the Respondents: — The Court made the following: ORDER 9 2 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 46 OF 2024 ORDER: The petitioner filed the present petition under Section 407(2) of Cr.P.C. seeking to order for transfer of the case in C.C.No.440 of 2022 on the file of the Additional Judicial First Class Magistrate, Narasapuram, West Godavari District to the file of the Assistant Sessions Judge, Narasapuram, West Godavari District, to be tried and disposed off the same simultaneously along with S.C.No.39 of 2019. The grounds urged by the petitioner for seeking the transfer are that the petitioner filed a case in Crime No.174 of 2017 before the Mogalthuru Police Station and after completion of investigation, the police filed charge sheet before the I Additional Judicial Magistrate of First Class, Narasapuram, which numbered as C.C.No.440 of 2022 and the same is pending before the said Court. The Petitioner further pleaded that a Sessions Case in S.C.No.39 of 2019 has been filed against the petitioner herein and two others, which is pending before the Court of Assistant Sessions Judge, at Narasapuram, West Godavari District. Both the Courts are situated within the same compound premises at Narasapauram, West 2. Godavari Judicial District and in both the cases, the alleged offences and scene of offence, time of offence and the date of offences are one and the the petitioner filed this application for seeking transfer same. Therefore of C.C.No.440 of 2022 on the file of the Additional Judicial First Class / 4 the Courts are situated within the same compound at Narasapuram, West Godavari District, this Court is of the considered view that there are grounds to consider the request of the petitioner to transfer the C.C.No.440 of 2022 on the file of the Additional Judicial First Class Magistrate, Narasapuram, to the file of the Assistant Sessions Judge, at Narasapuram West Godavari Judicial District. 7. In the result, the Transfer Criminal Petition is allowed and C.C.No.440 of 2022 on the file of the Additional Judicial First Class Magistrate, Narasapuram, West Godavari District is hereby withdrawn and transferred to the Court of the Assistant Sessions Judge, Narasapuram, West Godavari District. Learned Assistant Sessions Judge, Narasapuram is hereby directed to try and disposed off the same simultaneously along with S.C.No.39 of 2019. 8. The learned Additional Judicial First Class Magistrate, Narasapuram, West Godavari District shall transmit the case record in C.C.No.440 of 2022 to the Assistant Sessions Judge, Narasapuram, 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/- B CHITTI JOSEPH ASSISTANT REGISTRAR / //TRUE COPY// OFFICER To, 1. Guttula Radhakrishna S/o Venaktaratnam, aged 45 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. T" Magistrate, Narasapuram, West Godavari District to the file of the Assistant Sessions Judge, at Narasapuram before whom the sessions case in S.C.No.39 of 2019 is pending. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor, appearing for the respondent Nos.7, 8. Though notice served on the respondents 1 to 6, none appeared on their behalf. 4. Learned counsel for the petitioner would contend that the stage of the C.C.No.440 of 2022, is for commencement of trial, similarly the Sessions Case in S.C.No.39 of 2019 also posted for commencement of trial, since place of alleged scene of offence as well as the date and time of alleged offences are one and the same, both the cases are to be tried by the same Judge and thereby prayed that the matter may be transferred from the file of the Additional Judicial First Class Magistrate, Narasapuram, to the Court of Assistant Sessions Judge, at Narasapuram, West Godavari Judicial District. Learned counsel for the petitioner further placed reliance on the case law in Sudhir and Others Vs. State of Madhya Pradesh, the decision dated 02.02.2001 passed by the Hon’ble Apex Court in Criminal Appeal Nos. 135, 136 of 2001. 3. 5. 6. Considering the submissions and in view of the ratio laid down in the aforesaid case law and on perusal of the material on record, since both the cases are pending for trial and trial has not been commenced and both \ i V*f/' •frr-- 2. Guttula Mariyya, S/o. Paramesh, aged 45 years, Hindu, Male, resident R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. r 3. Guttula Srinivasu S/o. Govindaraju, aged 40 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. 4. Guttula Tataji, S/o Mariyya, aged 40 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. 5. Guttula Srinivasu S/o Sambamurthy, aged 44 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. 6. Guttula Shavukaru S/o Sambamurthy, aged 38 years, Hindu, Male, R/o Guttulavari Meraka, H/o. Turputallu (V), Narasapuram (M), West Godavari District. 7. The State S.HO. Mogalturu P.S. West Godavari District Rep., by its Public Prosecutor, High court of AP at Amaravathi. 8. Two CCs to the Public Prosecutor, High court of AP at Amaravathi[OUT 9. One CC to Sri. Kotha Naga Surya Rao, Advocate [OPUC] Three CD Copies 10. vna V \ HIGH COURT DATED:07/01/2025 ORDER TRCRLP.No.46 of 2024 ALLOWING THE TRANSFER CRIMINAL PETITION