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2022 Supreme(AP) 1148

B. S. BHANUMATHI
Kollipara Abhilash – Appellant
Versus
State of Andhra Pradesh – Respondent


JUDGMENT

1. In these petitions, the point is about restriction on jurisdiction of the High Court as per the proviso to Sec. 407(2) CrPC, relating to transfer of criminal cases from one Court of First Class Magistrate within the territorial jurisdiction of one of the Additional Sessions Court to Court of same jurisdiction in jurisdiction of another Additional Sessions Court, however, both within the same Sessions division.

2. Transfer Criminal Petition Nos.4, 5 and 6 of 2022 are filed under Sec. 407 CrPC seeking to withdraw M.C.No.45 of 2021, D.V.C.No.17 of 2021, and C.C.No.1347 of 2021 on the file of the Court of I Additional Junior Civil Judge, Narasaraopet, Guntur District, and to transfer the same to the Court of Principal Junior Civil Judge or any other competent Court at Tenali.

3. Heard Sri K.Rama Chandra, learned counsel for the petitioner(s) and Sri Dheera Kanishk, learned counsel representing the 1st respondent/State.

4. The 1st respondent raised preliminary objection as regards the maintainability of the transfer criminal petitions for having been filed at the first instance before this Court for transfer of a case from one Court to another Court within the Sessions Division,

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