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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

THURSDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA

KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 14/2026

Between:

Thoka Nagaiah Alias Nageswara Rao and Others ...PETITIONER(S)

AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. KHAJA KHUTUBUDDIN SHAIK Counsel for the Respondent(S):

1. GINJUPALLI SUBBA RAO

2. PUBLIC PROSECUTOR The Court made the following:

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THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.14 of 2026

ORDER:

The petitioners herein have filed the present petition under Section 447

of B.N.S.S., Act seeking to set aside the order dated 25.09.2025, passed in Tr.Crl.M.P.No.34 of 2024, by the learned Sessions Judge, Krishna District at Machilipatnam, and consequently to withdraw C.C.No.2522 of 2022, on the file of the Judicial Magistrate of First Class, Nandigama and transfer the same to the X Additional District & Sessions Judge-Cum-Special Court for SC/ST (PoA) Act Cases, Machilipatnam, to be tried along with Spl.S.C.No.15 of 2022.

2. The case of the petitioners as per their affidavit in brief is as follows:

I. The petitioners are the de-facto complainants in a counter case vide

C.C.No.2522 of 2022, arising out of a Crime in Cr.No.286 of 2022 of Nandigama Police Station, registered against the respondent Nos.1 and 2 for the offences punishable under Sections 354, 354-A, 354-D, 341, 506 read with 34 IPC and the same is pending for adjudication before the learned Judicial Magistrate of First Class, Nandigama. The petitioners pleaded that, on 27.07.2022, an altercation occurred at Veldurthipadu Village, wherein the respondent Nos.1 & 2 outraged the modesty of the daughters of the petitioner Nos.1 and 2. Alleging the same, the petitioners filed a case in Cr.No.286 of 2022, before Nandigama Police Station, for the offences punishable under Sections

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354, 354-A, 354-D, 341, 506 read with 34 IPC and the same is numbered as C.C.No.2522 of 2022, on the file of the Judicial Magistrate

of First Class, Nandigama, which is pending for adjudication.

II. The petitioners further pleaded that a First Information Report was

lodged against the petitioners by the respondent No.1 and the same was registered as Cr.No.166 of 2022 before the Penuganchiprolu Police Station. After completion of investigation, the Police filed Charge Sheet and the said crime was numbered as Spl.S.C.No.15 of 2022, on the file of the X Additional District & Sessions Judge-Cum-Special Court for SC/ST (PoA) Act Cases, Machilipatnam, for the offences punishable under Section 323 IPC and Sections 3(1)(s) & 3(2)(va) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

III. The petitioners further pleaded that the case in C.C.No.2522 of 2022,

on the file of the Judicial Magistrate of First Class, Nandigama, and the case in Spl.S.C.No.15 of 2022, on the file of the X Additional District & Sessions Judge-Cum-Special Court for SC/ST (PoA) Act Cases, Machilipatnam, are interconnected and arising out of same incident and transaction dated 27.07.2022, which is involving same parties and are classic ‘case and counter case’. The petitioners further pleaded that they have filed Tr.Crl.M.P.No.34 of 2024, before the learned Principal District & Sessions Judge, Krishna District at Machilipatnam, under Sections 448 & 449 of B.N.S.S., Act, seeking for transfer by District Court and by an order dated 15.07.2025, the said petition was

2026:APHC:29548 dismissed by the District Court. Aggrieved against the said dismissal order dated 15.07.2025, the petitioners filed the present transfer criminal petition seeking to set aside the order dated 25.09.2025, passed in Tr.Crl.M.P.No.34 of 2024, by the learned Sessions Judge, Krishna District at Machilipatnam, and consequ