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2026 DAILYLAW 21579 (AP)

SMT BENDI SWETA v. THE STATE OF ANDHRA PRADESH

TRCRLP/46/2025 · 2026-02-03

Venuthurumalli Gopala Krishna Rao

body2026

Judgment text

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APHC010292852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 46/2025 Between: Smt Bendi Sweta and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P LAKSHMANA RAO Counsel for the Respondent(S): 1. L CHANDRA OBUL REDDY 2. PUBLIC PROSECUTOR The Court made the following: THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.46 of 2025 ORDER: The petitioners herein filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhitha, 2023, (for “short BNSS”), seeking transfer of D.V.C.No.155 of 2022, from the file of IV Additional Chief Metropolitan Magistrate, Visakhapatnam, to any other competent Court in Visakhapatnam, for trial and disposal. 2. When the matter has been taken up for hearing today, learned counsel for the petitioners submitted that the matter may be transferred to any other Chief Judicial Magistrate, Visakhapatnam situated within the same Court compound, and they will cooperate in completing an early trial. Learned counsel for the respondents submitted that, if the said case i.e. D.V.C.No.155 of 2022, has been transferred to any other Court at Visakhapatnam, a time limit may be fixed on transferee Court for disposal of the matter. 3. Having perused the entire material available on record, without going into the merits and demerits and on the allegations leveled by the petitioners in the affidavit, on perusal of remarks submitted by the Presiding Officer of the Court below, to avoid embarrassment to the Judicial Officer of the Court below, I am of the considered view that it is desirable to transfer the said D.V.C.No.155 of 2022, from the file of the IV Additional Chief Metropolitan Magistrate/IV Additional Chief Judicial Magistrate, Visakhapatnam, to the file of the II Additional Chief Judicial Magistrate, Visakhapatnam. 4. With the above observations, this Transfer Criminal Petition is allowed, and D.V.C.No.155 of 2022, from the file of IV Additional Chief Metropolitan Magistrate/IV Additional Chief Judicial Magistrate, Visakhapatnam, is hereby withdrawn and transferred to the file of the II Additional Chief Judicial Magistrate, Visakhapatnam. The learned IV Additional Chief Metropolitan Magistrate/IV Additional Chief Judicial Magistrate, Visakhapatnam, shall transmit the entire case record in D.V.C.No.155 of 2022, to the file of the II Additional Chief Judicial Magistrate, Visakhapatnam, as expeditiously as possible, preferably within a period of five (05) days from the date of receipt of a copy of this order. Both the parties are hereby directed to appear before the learned II Additional Chief Judicial Magistrate, Visakhapatnam, on 20.02.2026 at 10:30 a.m. The learned II Additional Chief Judicial Magistrate, Visakhapatnam, is directed to dispose of the case within a period of six (06) months from the date of appearance of both the parties. Learned counsel appearing on both sides submitted that they will inform to both the parties to appear before the learned II Additional Chief Judicial Magistrate, Visakhapatnam, on 20.02.2026 at 10:30 a.m. 5. The Registry is hereby instructed to communicate a copy of this order to the concerned Courts below, forthwith. As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 04.02.2026 NOTE: Issue C.C. on 05.02.2026 B/o CVD