APHC010272402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3397]

(Special Original Jurisdiction)

TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 46/2024 Between:

Guttula Subbanna, ...PETITIONER AND Guttula Radhakrishna and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. KOTHA NAGA SURYA RAO Counsel for the Respondent(S):

1. PUBLIC PROSECUTOR

2.

The Court made the following:

THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 46 OF 2024

ORDER:

The petitioner filed the present petition under Section 407(2) of Cr.P.C. seeking to order for transfer of the case in C.C.No.440 of 2022 on the file of the Additional Judicial First Class Magistrate, Narasapuram, West Godavari District to the file of the Assistant Sessions Judge, Narasapuram, West Godavari District, to be tried and disposed off the same simultaneously along with S.C.No.39 of 2019.

2. The grounds urged by the petitioner for seeking the transfer are that the petitioner filed a case in Crime No.174 of 2017 before the Mogalthuru Police Station and after completion of investigation, the police filed charge sheet before the I Additional Judicial Magistrate of First Class, Narasapuram, which numbered as C.C.No.440 of 2022 and the same is pending before the said Court. The Petitioner further pleaded that a Sessions Case in S.C.No.39 of 2019 has been filed against the petitioner herein and two others, which is pending before the Court of Assistant Sessions Judge, at Narasapuram, West Godavari District. Both the Courts are situated within the same compound premises at Narasapauram, West Godavari Judicial District and in both the cases, the alleged offences and scene of offence, time of offence and the date of offences are one and the same. Therefore, the petitioner filed this application for seeking transfer of C.C.No.440 of 2022 on the file of the Additional Judicial First Class Magistrate, Narasapuram, West Godavari District to the file of the Assistant Sessions Judge, at Narasapuram before whom the sessions case in S.C.No.39 of 2019 is pending.

3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor, appearing for the respondent Nos.7, 8. Though notice served on the respondents 1 to 6, none appeared on their behalf.

4. Learned counsel for the petitioner would contend that the stage of the C.C.No.440 of 2022, is for commencement of trial, similarly the Sessions Case in S.C.No.39 of 2019 also posted for commencement of trial, since place of alleged scene of offence as well as the date and time of alleged offences are one and the same, both the cases are to be tried by the same Judge and thereby prayed that the matter may be transferred from the file of the Additional Judicial First Class Magistrate, Narasapuram, to the Court of Assistant Sessions Judge, at Narasapuram, West Godavari Judicial District.

5. Learned counsel for the petitioner further placed reliance on the case law in Sudhir and Others Vs. State of Madhya Pradesh, the decision dated 02.02.2001 passed by the Hon’ble Apex Court in Criminal Appeal Nos.135, 136 of 2001.

6. Considering the submissions and in view of the ratio laid down in the aforesaid case law and on perusal of the material on record, since both the cases are pending for trial and trial has not been commenced and both the Courts are situated within the same compound at Narasapuram, West Godavari District, this Court is of the considered view that there are grounds to consider the request of the petitioner to transfer the C.C.No.440 of 2022 on the file of the Additional Judicial First Class Magistrate, Narasapuram, to the file of the Assistant Sessions Judge, at Narasapuram, West Godavari Judicial District.

7. In the result, the Transfer Criminal Petition is allowed and C.C.No.440 of 2022 on the file of the Additional Judicial First Class Magistrate, Narasapuram, West Godavari District is