APHC010408342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 78 OF 2025 Between: Yarra Satyanarayana, S/o Ragavaiah, aged about 63 years, Occ: Cultivation, R/o. Polavaram Village, Chatrai Mandal, Krishna District. ...Petitioner/Complainant AND 1. Guthikonda Satyanarayana Chowdary, S/o Pichayya Chowdary, aged about 44 years, Occ Cultivation, R/o. Somavarapadu Village, Denduluru Mandal, West Godavari District. 2. Guthikonda Sunitha, W/o Satyanarayana Chowdary, aged about 41 R/o. Somavarapadu Village, Denduluru years, Occ: Home Maker Mandal, West Godavari District. 3. Garapati Sridhar Chakravarthy, S/o Late Venkateswara Rao, aged about 46 years, Occ; Business, R/o. Kovvali Village, Denduluru Mandal, West Godavari District. 4. Nekkalapu Murali Krishna, S/o Ravindra, Aged about not known, Occ: Business, R/o. Perugudem Village, Denduluru Mandal, West Godavari District. 5. Gurrala Rama Krishna, S/o Sukrachaiyulu, Aged about 41 years, Occ Business, R/o Malkapuram Village, Eluru Mandal, West Godavari District. I 6. The State of Andhra Pradesh, thorough Sub Inspector of Police, Chatrai PS, rep. by its Public Prosecutor, High Court of AP, Amaravati. ...Respondents Petition filed under Section 447 of BNSS, praying that, in the circumstances stated in the affidavit, this High Court may be pleased to withdraw C.C. No. 755 of 2022 from the file of Special Mobile Court cum Additional Judicial First-Class Magistrate, Eluru and transfer the same back to Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District (original court). lA NO: 1 OF 2025 Petition under Section 447 (6) of BNSS, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay of all further proceedings in CC.No. 755 of 2022 on the file of Special Mobile Court cum Additional Judicial First-Class Magistrate, Eluru, Pending disposal of this Criminal Transfer Petition. Counsel for the Petitioner: Sri Sreenivasa Rao Velivela, Advocate Counsel for Respondent Nos. 1 to 5: Sri Madhava Rao Nalluri, Advocate Counsel for Respondent No.6: The Public Prosecutor, High Court of A.P. The Court made the following order: THEE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.78 of 2025 ORDER: The petitioner herein have filed the present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the B.N.S.S’) seeking for withdrawal of C.C.No.755of 2022 on the file of the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, West Godavari District, and transfer the same to the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District, for trial. 2. The case of the petitioner in brief is as follows: The petitioner herein is the de-facto complainant in C.C.No.755 of 2022 on the file of the Special Mobile Court- cum-Additional Judicial Magistrate of First Class, Eluru, West Godavari District. The petitioner is a resident of Polavaram. Respondent No.1 is his son-in-law; respondent No.2 is his younger daughter and wife of respondent No.l; and respondent Nos.3 to 5 are the friends of respondent No.1. II. The petitioner further pleaded that respondent No.3 herein is arrayed as Accused No.2 in C.C.No.1231 of 2019 on the file of the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District, which was subsequently renumbered as C.C.No.755 of 2022 and is now pending 2 VGKR, J Tr.Crl.P.No.78of2025 Dated: 26.09,2025 before the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, West Godavari District. The 3 respondent herein, who is the accused No.2 had filed Transfer Criminal Petition No. 19 of 2021 before this Court the file of the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District, to the Speciai Mobiie Court-cum-Additional Judicial Magistrate of First Class, Eluru, West Godavari seeking transfer of C.C,No.1231 of 2019 from District. Hi. This Court, by order dated 14.07.2022, allowed the said petition and directed transfer of C.C. No.1231 file of the Additional Judicial Magistrate Tiruvuru, Krishna District, to the file Court-cum-Additional Judicial Magistrate of First of 2019 from the of First Class, of the Special Mobile Class, Eluru, West Godavari District, to be tried along with C.C. No.332 of 2018. IV. The petitioner further pleaded that by the time the record in C:C. No.1231 of 2019 was received by the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, the connected i.e., C.C. No.332 of 2018, had receipt of,the r^cqrd^ C.C. case. already been disposed of. After 3 VGKR, J Tr.Crl.P.No.78of 2025 Dated: 26.09.2025 No.1231 of 2019, the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, issued summons to the accused for their appearance on 13.02.2023. The petitioner further pleaded that the very purpose of transferring C.C.No.1231 of 2019, which was re-numbered as C.C. No.755 of 2022, from the Court of the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District, to the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, has been defeated in view of the disposal of V. the connected case. Therefore, the C.C.No.755 of 2022 may be transferred back to the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District. Flence this petition is filed. The respondent No.1 filed a counter-affidavit denying the material averments mentioned in the petition filed by the petitioner. However, it is admitted that the earlier case vide C.C.No. 1231 of 2019 which was re-numbered as C.C.No.755 of 2022, and is presently pending before the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, West GJodavari District, pursuant to the orders passed by this Court in 3. Tr.Crl.P.No.19 of 2021. VGKR, J Tr.Cri.P.No.78 of 2025 Dated: 26.0S).2025 4. Learned counsel for the respondents would contend that the petitioner herein is a de-facto complaint in C.C.No.755 of 2022 and his required only one occasion i appearance is He would are no tenabie grounds in the petition filed by the Petition may be dismissed. on the date of giving of evidence i.e further contend that there petitioner herein and the present Transfer Criminal 5. Heard learned counsel appearing on both sides on record. 6. The material on record, prima facie, goes to show that C.C.No.1231 of 2019 was originally pending before the Court of the Additional Judicial Magistrate of First Class, Tiruvuru, filed by respondent No.3 herein Krishna District. Pursuant to the said case an application was transferred to the Special Magistrate of First Class, Eluru, West Mobile Court-cum-Additional Judicial Godavari District, to be tried along with C.C.No.332 of 2018. 7. In pursuance of the orders Petition No. 19 of 2021, Tiruvuru, Krishna District, transmitted of 2019 to the Special Mobile Court Class, Eluru, West Godavari District. Mobile Court-cum-Additional Judicial Magistrate re-numbered the case to the accused, and posted the passed by this Court in Transfer Criminal of First Class, the entire case record in C.C.No.1231 -cum-Additional Judicial Magistrate of First the Additional Judicial Magistrate Upon receipt of the record, the Special of First Class, Eluru, as C.C.No.755 of 2022, ordered iissuance of summons matter for their appearance on 12.03.2023. In 5 VGKR, J Tr.Crl.P.No.78of 2025 Dated: 26.09.2025 the meantime, C.C.No.332 of 2018, which was pending before the same Court, was disposed of on 30.11.2022. Therefore, the very purpose of transferring C.C.No.1231 of 2019 to be tried along with C.C.No.332 of 2018 stands defeated. As seen from the charge sheet filed by the Police, all the witnesses cited therein are residing within the jurisdiction of the Court of the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District. As stated supra, 8. application filed by respondent No.3, C.C.No.1231 of 2019 was on an transferred from the Court of the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District, to the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, West Godavari District, for being tried along with C.C.No.332 of 2018. In pursuance of the orders passed by this Court in Tr.Crl.P.No.19 of 2021, the learned Additional Judicial Magistrate of First Class, Tiruvuru, transmitted the entire case record to the Special Mobile Court at EEluru. Upon receipt of the record, the said Court re-numbered the case as C.C.No 755 of 2022, issued summons to the accused, and posted the matter 13.02.202.3. In the meantime, C.C.No.332 of 2018, which case was on directed to be tried jointly with the present case, was disposed of on 30.11.2022. Therefore, the very purpose of transferring C.C.No.1231 of 2019 6 VGKR, J Tr.Cfl.P.No.78 of 2025 Dated: 26,09.2025 which was re-numbered as C.C.No.755 C.C.No.332 of 2018 stands defeated. of 2022, to be tried along with 9. Furthermore, all the within the jurisdiction of the Tiruvuru the complaint lodged by the No.201 of 2018 for the r/w Section 34 of I.P.C. witnesses in C.C.No.755 of 2022 Court. It is relevant to petitioner herein first information offences punishable under Sections are residing say that based on report in Crime 420, 323 & 506 Station, Krishna District, a charge sheet before the Court of First Class, Tiruvuru, Krishna before the Chatrai Police after completion of investigation. Police filed of the Additional Judicial Magistrate which is the jurisdictional Court. District 10. The law is well settled that to consider the caused to the accused. in Transfer of Criminal Cases, the Court has convenience of the witnesses than that of the inconvenience 11. As noticed supra, the alleged offence iIS said to have been taken place within the jurisdiction of the Court of the Class, Tiruvuru, Krishna Additional Judicial Magistrate District, and all the witnesses of First in C.C.No.755 of 2022, which is now pending before the Special Mobile Judicial Magistrate of First Class, Court-cum-Additional are residing very purpose of which was subsequently renumbered Eluru, West Godavari District, Court. Furthermore, the within the jurisdiction of the Tiruvuru transferring C.C.No.1231 of 2019 as 7 VGKR, J Tr.Crl.P.No.78of 2025 Dated: 26.09.2025 C.C.Nc).755 of 2022 and is presently pending before the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, West Godavari District, was defeated. On considering the submissions made by the learned counsel appearing on both sides and on considering the facts and circumstances of the present case, I am of the considered view that it is a fit case to consider the request made by the petitioner herein, seeking for withdrawal C.C.No.755 of 2022 on the file of the Special Mobile Court-cum-Additional Judicial Magi:strate of First Class, Eluru, West Godavari District, and transfer the same to the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District. > 12. of 13. In the result, the Transfer Criminal Petition is allowed and the C.C.INo.755 of 2022 on the file of the Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, West Godavari District, is hereby withdrawn and transferred to the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District. The learned Special Mobile Court-cum-Additional Judicial Magistrate of First Class, Eluru, West Godavari District, shall transmit the entire case record in C.C.No.755 of 2022 to the Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District, duly indexed expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of the order. There shall be no order a^o costs. as W.- 8 VGKR, J Tr.Cri.P.No.78of 2025 Dated: 26.09.2025 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 '-tv //TRUE COPY// SECTION OFFICER To 1. The Special Mobile Court-cum-Additional Judicial First-Class Magistrate, Eluru, West Godavari District. 2. The Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District 3. One CC to Sri Sreenivasa Rao Velivela, Advocate [OPUC] 4. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 5. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 6. Three CD Copies GPC vna HIGH COURT DATED: 26/09/2025 ORDER TRCRLP NO. 78 OF 2025 ALLOWING THIS TRANSFER CRIMINAL PETITION