IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HONOURABLE SMT. JUSTICE K. SUJANA

TRANSFER CRIMINAL PETITION No.133 OF 2025

DATE: 15.12.2025

Between:

The State of Telangana,

Through Station House Officer,

Jannaram P.S., Mancherial District,

Rep. by the Public Prosecutor,

High Court for the State of Telangana,

Hyderabad

…. Petitioner/complainant

AND

Dasari Vijaya Ravinder Kumar

and 7 others.

…. Respondents/

A-1,3 to 6, 8, 9 and 11

O R D E R

This Transfer Criminal Petition is filed by the prosecution

seeking transfer of C.C. No.328 of 2019 from the file of the learned Judicial First Class Magistrate, Luxxettipet, to the Court of the learned Special Judge for Trial of Cases under the SCs/STs (POA) Act, Adilabad, to be tried along with Spl. S.C.

No.34 of 2021, in order to avoid conflicting decisions.

2. Heard learned Additional Public Prosecutor and learned counsel for the respondents.

3. Learned Additional Public Prosecutor submitted that there are case and counter-case proceedings between the parties arising out of the same incident and that both matters should be tried by the same Court to avoid conflicting judgments and to determine who the aggressor was. Accordingly, he requested that C.C. No.328 of 2019 be transferred to the Special Judge for Trial of Cases under the SCs/STs (POA) Act, Adilabad.

4. On the other hand, learned counsel for the respondents submitted that in C.C.No.328 of 2019, neither the de-facto complainant nor the accused has filed any application seeking transfer, and that there is no inconvenience to the parties in continuing the proceedings before the learned Judicial First Class Magistrate, Luxxettipet. He further submitted that the respondent-accused is an elderly person and would face hardship in travelling from Luxxettipet to Adilabad for every adjournment. In the alternative, he prayed that if the Court were inclined to order transfer, the personal presence of the respondent-accused be dispensed with.

5. Upon consideration of the submissions made by both the learned counsel and on perusal of the material available on record, it is evident that both C.C. No.328 of 2019 and Spl. S.C. No.34 of 2021 arise out of the same incident and constitute case and counter-case. In view of the settled legal proposition that such matters must be tried by the same Court to avoid conflicting decisions, this petition deserves to be allowed.

6. Accordingly, the Transfer Criminal Petition is allowed. C.C. No.328 of 2019 pending before the Judicial First Class Magistrate, Luxxettipet, is hereby transferred to the Court of the learned Special Judge for Trial of Cases under the SCs/STs (POA) Act, Adilabad, to be tried along with Spl. S.C. No.34 of

2021.

7. In view of the submission made by learned counsel for the respondent-accused, the presence of the respondent-accused before the trial Court is dispensed with whenever his presence is not required subject to the condition that the learned counsel appearing for the respondent-accused before the trial Court is directed to appear on behalf of the respondent-accused on every date of hearing and in case of non-appearance of the petitioner on the specific date so fixed by the trial Court for appearance, this order gets vacated automatically.

8. With the above observation, this Transfer Criminal Petition is disposed of.

Miscellaneous petitions, if any pending shall stand closed.

______________ K. SUJANA, J Date: 15.12.2025 SS THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.133 of 2025 Date: 15.12.2025 ss