ORDER:

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

2. The present transfer criminal petition is filed seeking withdrawal of C.C.No.25 of 2019 from the file of the Special Judge for Trial of Criminal Cases Relating to elected MPs and MLAs, Vijayawada, Krishna District and transfer the same to the file of the II Metropolitan Magistrate-cum-Railway Court, Visakhapatnam.

3. It is the case of the petitioners that they are accused Nos.3 and 7 in C.C.No.25 of 2019 on the file of the Special Judge for Trial of Criminal Cases Relating to elected MPs and MLAs, Vijayawada, Krishna District. They are neither elected MPs nor elected MLAs at the time of alleged offence, which took place on 11.04.2018. It is further submitted that any of accused Nos.1 to 9 is the public representative as on the date of offence. As such, the Special Judge has no jurisdiction at all. But for the reason that A.1 became an MLA after the general elections took place in the year 2019, as a mistake of fact, this Crime No.1393 of 2018 dated 11.04.2018 for the offence punishable under Section 174(A) of Railway Act of RPF Post, Visakhapatnam was transferred to pr