Allegations of judicial bias must be substantiated by evidence; mere suspicion does not justify transferring a case.

ORDER :

V. GOPALA KRISHNA RAO, J.

The petitioner herein have filed the present petition under Section 447 of B.N.S.S., Act seeking to withdraw C.C.No.85 of 2013, on the file of the Special Judge for SPE & ACB Cases, Kurnool and transfer the same to any other equivalent Court or to the Special Judge for SPE & ACB Cases, Nellore.

2. The case of the petitioner as per his affidavit in brief is as follows:

I. The respondent herein filed a charge sheet for the offences under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, and the same is registered as C.C.No.85 of 2013, on the file of the Special Judge for SPE & ACB Cases, Kurnool. The petitioner pleaded that the said case is pending for adjudication and it has now come up for advance evidence.

II. The petitioner further pleaded that the Special Judge for SPE & ACB Cases, Kurnool, has openly stated 74 times in open Court that “I will send you to jail, you spend your remaining life in jail. The jail authorities would provide all facilities to you, there is nothing to you to do here”. The petitioner pleaded that by now, the learned trial Judge has openly proclaimed 74 times that she would send the petitioner to jail, which indicates the pre- determined mind of the Court. He further pleaded that the petitioner filed two criminal miscellaneous petitions; the case in Crl.M.P.Nos.702 of 2025 was allowed with a condition that the petitioner has to enter into the witness box and depose and the case in Crl.M.P.No.703 of 2025 was allowed partly by permitting only D-1 to D-14 and refusing the examination on the remaining witnesses.

III. The petitioner further pleaded that as and when the petitioner files any petition or memo, the Court below is refusing to receive the same and further there is no filing box in the Court below. He further pleaded that the Court below at the time of cross- examination did not allow the petitioner to cross-examine the facts-in-issue and vehemently refused to register the answers. In view of the aforesaid reasons, the petitioner pleaded that he lost confidence over the Presiding Officer at Special Judge for trial of SPE & ACB Cases, Kurnool, and as such, he do not want to continue the case in C.C.No.85 of 2013, before the Court below and in case of continuation of the case, it would put the petitioner to serious loss. As such, the petitioner is constrained to file the present transfer criminal petition seeking to withdraw C.C.No.85 of 2013 on the file of the Special Judge for SPE & ACB Cases, Kurnool and transfer the same to any other equivalent Court or to the Special Judge for SPE & ACB Cases, Nellore.

3. Heard Sri A.Syam Sundar Reddy, learned counsel for the petitioner and Sri S.Syam Sunder Rao, learned Standing Counsel-cum- Special Public Prosecutor for ACB representing for the respondent-State and perused the record.

4. The material on record prima facie reveals that, on the complaint lodged by one Yennam Subhaskara dated 31.08.2010, a crime was registered in the year 2010, against the petitioner herein by the Anti Corruption Bureau, Kadapa Range. After completion of the investigation, the Investigating Officer laid a charge-sheet before the Special Judge for SPE & ACB Cases, Kurnool, and the same was taken up on the file vide C.C.No.85 of 2013. During the course of trial, the prosecution examined P.Ws.1 to 14 and Ex.P-1 to Ex.P-16 were marked on behalf of prosecution and Ex.D-1 to Ex.D-55 were marked on behalf of the A.O., before the trial Court and the prosecution evidence is completed by 22.07.2025 and C.C.No.85 of 2013, was adjourned from time to time for defence evidence/ evidence of the petitioner herein/accused.

5. Learned counsel for the petitioner wou