THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.43 of 2025

ORDER:

Today, when the matter has been taken up for hearing, learned Assistant Public Prosecutor represented that they have served notice on the respondent No.2 but none appeared. Learned counsel for the respondent Nos.3 and 5 reported no objection to transfer the case to Nellore and represented that other connected eight cases are pending before the Court at Nellore.

2. The petitioners herein filed the present petition under Section 447(6) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNNS), seeking to transfer the C.C.No.10 of 2023 on the file of II Additional District & Sessions Judge, Vijayawada, to the file of Special Judge for APPDFE-cum-Principal District and Sessions Judge, Nellore, for trial and disposal.

3. The case of the petitioners in brief is as follows:

i. The petitioner is well acquainted with the facts of the case and he has filed this affidavit on his own behalf of the petitioner Nos.1 to 6, as he is the Chairman and Managing Director for the said companies and he is authorized to file this affidavit on behalf of other accused.

He pleaded that he was falsely implicated as accused No.8 and other accused were also falsely implicated in FIR No.627 of 2014, on the file of Machavaram Police Station, Vijayawada, which is pending before the II Additional District Judge vide C.C.No.10 of 2023. He further pleaded that the other eight similar cases against the petitioners are charge sheeted and the same are pending before the Principal District Judge, Nellore vide C.C.No.02 of 2022, C.C.No.01 of 2025 and C.C.No.02 of

2025.

ii. The petitioner further pleaded that The Addl. General of Police, C.L.D. Department, has issued all the aforesaid G.Os. and attached all the properties of Siri Gold Group of Companies, as per the scheme of the Act, there is only one Addl. Director General of Police for C.I.D. and hence, the said Addl. Director General, has issued the subject G.Os. and attached the properties and all the said properties were pending before the Court of Spl. Judge-cum-Prl. District and Sessions Judge, Nellore, SPSR District. As per the said G.Os. and as per the scheme of the Act, the properties which were been attached shall be confiscated to the Government and for the purpose of repayment to the victims, hence, the Spl.

Court has initiated the proceedings of confiscation and also issued the provisional attachment orders. If the Court finds the Accused as guilty, then the next consequences would be that the entire properties which were attached by the C.I.D. as confirmed by the Spl. Court have to be confiscated to the Government. Hence, this procedure is initiated and pending before the Court of Special Judge for AP Protection of Depositors of Financial Establishment Act, 1999-cum-Prl District & Sessions judge, Nellore, SPSR Nellore District. The petitioner further pleaded that in the aforesaid circumstances, the case pending before the II Additional District & Sessions Judge, Vijayawada, vide C.C.No.10 of 2023 may be transferred to Principal District Judge, Nellore before whom all other eight connected cases are pending.

4. Heard learned counsel for the petitioner, learned counsel for the respondent Nos.3 and 4 and learned Assistant Public Prosecutor.

5. It is not disputed by both the sides that nine cases are registered against the petitioners herein and other eight cases are pending before the Special Judge for APPDFE-cum- Principal District and Sessions Judge, Nellore vide C.C.Nos.2 of 2022, 01 and 02 of 2025.

6. Learned counsel for the petitioner represented that from out of nine cases, one case in pending before the II Additional District & Sessions Judge, Vijayawada i.e.,C.C.No.10 of 2023 and therefore, petitioners are requesting to transfer the said case to the Special Judge for APPDFE-cum-Principal District and Sessions Judge, Nellore, for conducting trial to avoid conflict of decisions. It is not disputed by both sides