APHC010378102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 58/2025 Between: 1. KONDA MOHAN REDDY,, S/O. NAGI REDDY, AGED ABOUT 39 YEARS, R/O. KUNCHANAPALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATI 2. ARUMALLA SIVA REDDY, S/O. KRISHNA REDDY, AGED ABOUT 42 YEARS, R/O. D.NO. 3-69, KUNCHANAPALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT 3. KONDA SANKAR REDDY, S/O. NAGI REDDY, AGED ABOUT 33 YEARS, R/O. KUNCHANAPALLI VILLAGE TADEPALLI MANDAL, GUNTUR DISTRICT ...RESPONDENT(S): may be pleased to transfer Crl.A.No. 115/2023 on the file of VIII Addl. District and Sessions Judge, Vijayawada arising out of C.C.No. 1005/2018 on the file of 1st Addl. Judicial Magistrate of First Class, Vijayawada to XII Addl. District and Sessions Judge, Vijayawada to hear along with Crl.A.No. 116/2023 arising out of C.C.No. 116/2023 on the file of 1st Addl. Judicial Magistrate of First Class, Vijayawada and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay all further proceedings in CrIA No. 115 of 2023 pending on the file of VIII Addl. District and Sessions Judge, Vijayawada during the pendency of this Transfer Criminal petition before this Hon’ble Court and to pass Counsel for the Petitioner: 1. PADALA VENKATA SRIRAM REDDY Counsel for the Respondent(S): 1. PILLIX LAW FIRM 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The transfer criminal petition is filed by the petitioner under Section 407 of the Code of Criminal Procedure, 1973 (Section 447 of BNSS), for seeking the relief to transfer Crl.A.No.115 of 2023 on the file of learned VIII Additional District and Sessions Judge, Vijayawada arising out of C.C.No.1005 of 2018 on the file of learned I Additional Metropolitan Magistrate, Vijayawada to XII Additional District and Sessions Judge, Vijayawada to hear along with Crl.A.No.116 of 2023 arising out of C.C.No.1102 of 2018 on the file of learned I Additional Metropolitan Magistrate, Vijayawada. 2. The case of the petitioner, in brief, is as follows: (i) The petitioner is the accused in C.C.No.1005 of 2018 on the file of learned I Additional Metropolitan Magistrate, Vijayawada and the 2nd respondent herein is the complainant, 3rd respondent herein is the accused in another case in C.C.No.1102 of 2018 on the file of the same Court and the 2nd respondent herein is the complainant therein. The petitioner herein and 3rd respondent are brothers. (ii) The trial Court, on hearing both sides, pronounced judgment in both these cases on the same day and in both these cases, the accused were convicted by the trial Court. (iii) Aggrieved by the same, the petitioner herein filed Crl.A.No.115 of 2023, which is pending before the learned VIII Additional District and Sessions Judge, Vijayawada. Likewise, the accused in C.C.No.1102 of 2018 on the file of learned I Additional Metropolitan Magistrate, Vijayawada also filed another appeal vide Crl.A.No.116 of 2023 and the same is pending before XII Additional District and Sessions Judge, Vijayawada. (iv) The petitioner further pleaded that both the cases were tried simultaneously and the defence taken by both the accused in the two cases are one and the same and both the cases may be heard together by one Court and to dispose of the same and that the petitioner herein inclined to file a transfer application for seeking transfer of Crl.A.No.115 of 2023 on the file of learned VIII Additional District and Sessions Judge, Vijayawada to XII Additional District and Sessions Judge, Vijayawada, for disposal. 3. Heard Sri P.V.Sriram Reddy, learned counsel for the petitioner and heard Sri P.Aditya Harsha Vardhan, learned counsel appearing for the 2nd respondent. 4. As seen from the judgments of trial Court in C.C.No.1005 of 2018 and C.C.No.1102 of 2018, it is evident that the date of issuance of cheques and cheque return memos and office copy of legal notices and returned registered covers and original promissory notes are different with each other and the cause of action in both the cases is different. The appellants in both the cases are also different. Therefore, both the cases have to be decided on the basis of the facts of each case. Moreover, the case status of Crl.A.No.115 of 2023 goes to show that at request of the appellant counsel, the Appellate Judge adjourned the matter from 23.07.2025 to 24.07.2025 and on 24.07.2025, on hearing both side counsels on record, the learned Appellate Judge adjourned the matter to 31.07.2025 for pronouncement of judgment. 5. Therefore, in view of the aforesaid circumstances, since the matter is posted for pronouncement of judgment on 31.07.2025, therefore, I do not find any grounds to withdraw Crl.A.No.115 of 2023 on the file of learned VIII Additional District and Sessions Judge, Vijayawada and transfer the same to XII Additional District and Sessions Judge, Vijayawada. Therefore, the transfer criminal petition is devoid of merits and the same is dismissed at the stage of admission. 6. In the result, the Transfer Criminal Petition is dismissed at the stage of admission. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. //TRUE COPY// VENUTHURUMALLI GOPALA KRISHNA RAO,J To, 1. THE STATE OF ANDHRA PRADESH, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATI 2. ARUMALLA SIVA REDDY, S/O. KRISHNA REDDY, AGED ABOUT 42 YEARS, R/O. D.NO. 3-69, KUNCHANAPALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT 3. KONDA SANKAR REDDY, S/O. NAGI REDDY, AGED ABOUT 33 YEARS, R/O. KUNCHANAPALLI VILLAGE TADEPALLI MANDAL, GUNTUR DISTRICT 4. Two CD Copies HIGH COURT VGKRJ DATED:29/07/2025 ORDER TRCRLP 58/2025