The Hon’ble Sri Justice J.Sreenivas Rao Transfer Criminal Petition No.30 of 2025

Order

:

This Criminal Petition has been filed under Section 447 of Bharatiya Nagrik Suraksha Sanhita (BNSS), seeking transfer of S.C.No.45 of 2022, pending on the file of Principal Senior Civil Judge –cum- Assistant Sessions Court, Gadwal, to the file of Special Sessions Judge –cum- VII Additional District & Sessions Judge (SC/ST) Court, Mahabubnagar, to be tried along with Spl.S.C.No.61 of 2021 pending on its file.

2. Heard Mr. Baglekar Akash Kumar, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.1/State.

3. Learned counsel for the petitioner submits that pursuant to this Court’s order dated 11.03.2025, he sent personal notice to respondent No.2, by way of registered post with acknowledgment due and filed memo of proof of service vide U.S.R.No.33706 of 2025 on 25.03.2025, but respondent No.2 refused to receive the notice. According to the learned counsel, respondent No.2 is the contesting respondent and as per Section 27 of General Clauses Act, refusal to receive notice is deemed service. He further submits that respondents No