J APHC010589082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.4 of 2025 Between: Jaladi Sivaparvathi, W/o Venkateswarlu, aged about 60 years, Occ: House wife, R/o.D.No 13-9-54-41, Vyshnavi Avenue, Flat No.407, Polimera Road, Chirala Town and Mandal, (Bapatia) Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor, Andhra Pradesh High court at Amaravati. 2. Kopparaju Sambasivarao, (Died - shown as proforma Party for better under standing) 3. Kopparaju VijayaLakshmi, W/o Late Kopparaju. Sambasivarao, aged about 49 years, Occ: House wife, D.No.4-48, R/o Tumuluri Village, Kollipara Mandal, Guntur District. 4. Kopparaju Srinivasarao, S/o Late Kopparaju. Sambasivarao, aged about 37 years, Occ: House wife, D.No.4-48, R/o.Tumuluri Village, Kollipara Mandal, Guntur District. 5. Kopparaju Srikannth, S/o Late Kopparaju. Sambasivarao, aged about 33 years, Occ: House wife, D.No.4-37, R/o Tumuluri Village, Kollipara Mandal, Guntur District. 6. Lakkakula Puja, W/o. Muthyalarao, (D/o Late Kopparaju. Sambasivarao), aged about 32 years, Occ: House wife, D.No.4-37, R/o Tumuluri Village, Kollipara Mandal, Guntur District. ...Respondents (as per Orders passed inCrl.M.P.No.2247 of 2024 in CC No.93 of 2021 passed by II Additional Judicial First Class Magistrate, Tenali) Transfer Criminal Petition filed under Section 407 of Cr.P.C, that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct to transfer the CC No.93 of 2021 the file of Honourable II Additional Judicial First Class Magistrate, Tenali, Guntur District to the Honourable Judicial First Class Magistrate Court, Chirala, (Bapatia) Prakasam District and to dispose the same along with the pending case vide CC No.5 of 2022 on the file of the Honourble Judicial First Class Magistrate Court, Chirala, Prakasam District. lA NO: 2 OF 2025 Petition under Section 407(6) of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to directing to stay of all further proceeding in CC No.93 of 2021 on the file of Honourable II Additional First Class Magistrate Court, Tenali, Guntur District pending disposal of Main Tr.CrI.M.P. Counsel for the Petitioner Counsel for Respondent No.1 praying on : SRI TATA SINGAIAH GOUD : PUBLIC PROSECUTOR Counsel for Respondent Nos.3 to 6: SRI N SRIHARI The Court made the following Order: /. THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.04 of 2025 ORDER: The petitioner herein has filed the present petition under Section 407 of Cr.P.C., seeking to transfer of C.C.No.93 of 2021, on the file of the II Additional Judicial First Class Magistrate, Tenali, Guntur District to the Judicial First Class Magistrate Court Chirala, Prakasam District. The case of the petitioners in brief is as follows; 2. The contention of the petitioner is that she along with her family are residing at Vyshnavi Apartments, Chirala Town, Prakasam District and running a cloth business in the floor of the said apartments and the husband of the petitioner used to purchase the cloth on wholesale basis and sell the same on retail basis to the customers. The petitioner further pleaded that her husband used to purchase the cloth on credit basis by giving advance cheques/promissory notes as token guarantee and as such for emergency purpose the husband of the petitioner had signed on some empty cheques/promissory notes and are secured in the safe at their shop. While so, the son of the petitioner at the influence one Mr.Srikanth/respondent No.5 and his father/deceased respondent No.2, have knocked away some signed cheques and drawn some amounts from bank and used them for their bad vices. On getting knowing the the petitioner had lodged a complaint before the Chirala Police I. same. 2 Station and as the police had not taken cognizance of the said complaint: the petitioner herein had filed W.P.No.7382 of 2021 seeking to register the case against the respondent No.5, who is the son of the deceased respondent No.2 herein. II. The petitioner further pleaded that, the deceased respondent No.2 herein had filed C.C.No.93 of 2021, on the file of the II Additional First Class Magistrate Court, Tenali, Guntur District, a Criminal Case vide C.C.No.05.2021, under Section 138-A of N.l Act, on the file of the Judicial Magistrate of First Class, Chirala and a Suit in O.S.No.521 of 2022, on the file of the Junior Civil Judge Court, Chirala against the petitioner and the petitioner is attending the Court proceedings at Chirala. Learned counsel for the petitioner contends that as two other cases viz., C.C.No.05.2021, under Section 138-A of N.l Act, on the file of the Judicial Magistrate of First Class, Chirala and a suit in O.S.No.521 of 2022, on the file of the Junior Civil Judge Court, Chirala are pending and the petitioner herein is attending the Court proceedings in the aforesaid cases. He further submits that the respondents had also filed C.C.No.93 of 2021, on the file of the II Additional First Class Magistrate Court Tenali, Guntur District and the distance in between Chirala and Guntur is approximately more than 70Kms and it is very difficult for the petitioner to attend the case proceedings before the II Additional First Class Magistrate Court Tenali, Guntur District on each and every date of adjournment and as such the petitioner is constrained I 3 / to file the present Transfer Criminal Petition seeking to transfer of C.C.No.93 of 2021, on the file of the II Additional Judicial First Class Magistrate, Tenali, Guntur District to the Judicial First Class Magistrate Court Chirala, Prakasam District. 3. Heard Sri Tata Singaiah Goud, learned counsel for the petitioner, learned Public Prosecutor representing for the respondent No. 1/State and Sri N.Srihari, learned counsel for the respondent No.2 to 6. Perused the record. 4. Learned counsel for the petitioner submits that the deceased respondent No.2 along with the other respondents had filed C.C.No.05 of 2021, under Section 138-A of N.l Act, on the file of the Judicial Magistrate of First Class, Chirala and a suit in O.S.No.521 of 2022, on the file of the Junior Civil Judge Court, Chirala and the petitioner is attending the case proceedings in the competentcourts at Chirala, further, the case C.C.No.93 of 2021, on the file of the II Additional Judicial First Class Magistrate, Tenali, Guntur District filed by the respondents can also be tried by the learned Junior Civil Judge Court at Chirala, to avoid conflict of decisions. He further submits that the case in C.C.No.05 of 2021, on the file of the Judicial Magistrate of First Class, Chirala is posted to 01.08.2025. 5. Sri N.Srihari, learned counsel for the respondent No.3 to 6, have represented that the case in C.C.No.93 of 2021, is pending on the file of the II Additional Judicial First Class Magistrate, Tenali, Guntur District against the petitioner and further two cases viz., C.C.No.05.2021, under Section 138 of 4 Negotiable Instruments Act, on the file of the Judicial Magistrate of First Class, Chirala and a suit in O.S.No.521 of 2022, on the file of the Junior Civil Judge Court, Chirala are also pending against the petitioner at Chirala and the petitioner is attending the case proceedings in the aforesaid cases. 6. On considering the submissions made by the learned counsel for the petitioner and as well as the learned Assistant Public Prosecutor appearing for the State and Sri N.Srihari, learned counsel for the respondent No.2 to 6, I of the considered view that, since two other cases viz.. Criminal Case vide C.C.No.05.2021, on the file of the Judicial Magistrate of First Class, Chirala and a suit in O.S.No.521 of 2022, on the file of the Junior Civil Judge Court, Chirala, filed by respondents are pending before competent courts at Chirala and the petitioner is also attending the Court proceedings at Chirala. The respondents herein are also attending the case proceedings in C.C.No.05 of 2021, before the Judicial Magistrate of I Class, Chirala, if the C.C.No.93 of 2021, under Section 138 of Negotiable Instruments Act is pending on the file of the II Additional Judicial First Class Magistrate, Tenali, Guntur District is withdrawn from the II Additional Judicial First Class Magistrate, Tenali, Guntur District and transferred to Judicial First Class Magistrate Court Chirala, Prakasam District, it would not cause any prejudice to the respondents. am case in 7. In the result, the present transfer criminal petition is allowed and the case in C.C.No.93 of 2021, is pending on the file of the II Additional Judicial 5 r First Class Magistrate, Tenali, Guntur District, is hereby withdrawn and transferred to the Judicial First Class Magistrate Court Chirala District. The learned II Additional Judicial First Class Magistrate Prakasam Tenali, Guntur District, shall transmit the case record in C.C.No.93 of 2021 to the learned Judicial First Class Magistrate Court Chirala, Prakasam District, duly indexed as expeditiously as possible preferably within a period of five (05) days from the date of receipt of a copy of the order. The petitioner and the respondent Nos.3 to 6 are directed to appear before the learned Judicial First Class Magistrate Court Chirala, Prakasam District on 01.08.2025 at 10.30 a.m. 8. Accordingly, the Transfer Criminal Petition is allowed. 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/- SHAIK MOHD. RAFI assistant registrar //TRUE COPY// SECTION OFFICER To Judicial First Class Magistrate, Tenali, Guntur District. Magistrate Court, Chirala, Prakasam District. High Court of Andhra Pradesh 1. The II Additional 2. The Judicial First Class 3. Two CCs to the Public Prosecutor Amaravathi[OUT] Sri Tata Singaiah Goud, Advocate [OPUC] 4. OneCCto 5 One CC to Sri N Srihari, Advocate [OPUC] Si—-r w» SSm “«d CI,|I,I.W .nd ».r,d.i. (B.P.II.) ml...™» 7. Kopparaju VijayaLakshmi, W/o Late Kopparaju. Sambasivarao, aged about 49 years, Occ: House wife, D.No.4-48, R/o Tumuluri Village, Kollipara Mandal, Guntur District. 8. Kopparaju Srinivasarao, S/o Late Kopparaju. Sambasivarao, aged about 37 years, Occ: House wife, D.No.4-48, R/o.Tumuluri Village, Kollipara Mandal, Guntur District. 9. Kopparaju Srikannth, S/o Late Kopparaju. Sambasivarao, aged about 33 years, Occ: House wife, D.No.4-37, R/o Tumuluri Village, Kollipara Mandal, Guntur District. lO.Lakkakula Puja, W/o. Muthyalarao, (D/o Late Kopparaju. Sambasivarao), aged about 32 years, Occ: House wife, D.No.4-37, R/o Tumuluri Village, Kollipara Mandal, Guntur District. 11.Two CD Copies TK vna HIGH COURT DATED:08/07/2025 ORDER TRCRLP No.4 of 2025 X 2? JUt 2025 ^ . Current Section OesPATC^^ ALLOWING THE TRANSFER CRIMINAL PETITION