APHC010489162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1044/2025 Between:

1. K ODALI GANGADHARA RAO @ GANGAIAH, S/O. BALA KOTESWARA RAO, AGED 28 YEARS, R/O VELIVONU VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR VELAGAPUDI HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

2. T HE SUPERINTENDENT OF POLICE, O/O. SP, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT.

3. T HE SUBDIVISIONAL POLICE OFFICER, AVANIGADDA SUB-

DIVISION, AVANIGADDA, KRISHNA DISTRICT.

4. D IRECTOR GENERAL OF POLICE, O/O DGP , MANGALAGIRI GUNTUR DIST

5. V ICTIM, VICTIM ...RESPONDENT(S):

Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased to Criminal Revision Case is filed aggrieved by the proceedings in Spl.S.C.No.56/2025 on the file of the Hon’ble Special Judge for speedy trial of offences under the POCSO Act, 2012, Krishna at Machilipatnam (hereinafter referred to as “The Trial Court”), including the taking of cognizance and refusal to transfer the case despite application under CrI.M.P.No.634/2025, for want of jurisdiction IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant Interim Stay of all further proceedings pending before the Lower court i.e., the Hon’ble Special Judge for speedy trial of offences under the POCSO Act, 2012, Krishna at Machilipatnam vide Spl.S.C.No. 56 of 2025 pending disposal of this main application, in favour of the present petitioner/ accused viz., Kodali Gangadhara Rao @ Gangaiah and agaisnt the respondents, in the interests of justice.

Counsel for the Petitioner:

1. K.RAJGURU Counsel for the Respondent(S):

1.

The Court made the following:

ORDER:

This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short „Cr.P.C.‟), has been filed by the Petitioner / Accused aggrieved by the Order dated 20.06.2025 passed in CF No.634 of 2025 (dated

10.03.2025).

2. The respondent No.5 is the victim and the Petitioner herein is the Accused and they are residing at Velivolu village and are neighbours. As per the complaint averments, on 20.12.2021 the Accused went to the house of the victim and on the false promise that he would marry her and had sexual intercourse with her taking advantage of absence of her parents in the home. Consequently, the victim got pregnant. When she is at the eighth month of the pregnancy, the petitioner refused to marry her, subsequently, with the help and support of her parents, she lodged a report before the Police. Based on the said report, the Police registered Crime No.374 of 2021 of Challapalli Police Station, Krishna District, for the offences punishable under Sections 376(2) IPC and Sections 5(J)(II)(L) read with 6 of POCSO Act, 2012. After completion of investigation by the Sub-Divisional Police Officer, Avanigadda, the charge sheet is filed. The Learned Special Judge for Speedy Trial of Offences under the Protection of Children from Sexual Offences Act, 2012, Krishna at Machilipatnam, took cognizance of the offences and the same is numbered as Spl.S.C.No.56 of 2022. During the course of examination, prosecution examined P.Ws.1 to 12 and exhibits P1 and P13 were marked. The Prosecution filed Crl.M.P.No.392 of 2025 for issuance of summons to the Deputy Superintendent of Police, Avanigadda and the Assistant Director of APFSL, Mangalagiri to examine them as witnesses, the Petitioner filed CF No.634 of 2025 under Section 361 of BNSS, 2023 questioning the jurisdiction of the Court on the ground that the victim is aged 19 years at the time of alleged offence and i