IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.58 OF 2025 DATE: 12.02.2026 Between:

The State of Telangana, Through Station House Officer, Dilawarpur P.S., Nirmal District, Rep. by the Public Prosecutor, High Court for the State of Telangana …. Petitioner/Complainant AND Nalla Shankar and 2 others.

…. Respondents/Accused Nos.1 to 3 O R D E R This Transfer Criminal Petition is filed by the petitioner–State seeking transfer of C.C. No. 478 of 2021 from the file of the learned Judicial First Class Magistrate, Nirmal, to the file of the learned Special Judge for Trial of Cases under the SC/ST (POA) Act, Adilabad, to be tried along with Spl. S.C. No. 36 of 2021, in order to avoid conflicting decisions and to ascertain the true aggressor in the incident.

2. Heard Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the petitioner – State. Though notices were served to accused Nos. 1 and 2, none appeared on their behalf. Notice could not be served on accused No. 3 as he has left abroad for employment.

3. Learned Additional Public Prosecutor contended that both C.C. No. 478 of 2021 and Spl. S.C. No. 36 of 2021 arise out of the same incident. They constitute case and counter-case filed by rival parties. In such circumstances, both matters ought to be tried by one Court to ensure consistency of findings. Since the Special Sessions Case is already pending before the learned Special Judge for Trial of Cases under the SC/ST (POA) Act, Adilabad, it is appropriate that the Calendar Case be transferred to that Court.

Hene prayed the Court to allow this petition.

4. Upon consideration of the submissions of the learned Additional Public Prosecutor and on perusal of the material available on record, it is evident that both matters are case and counter-case arising from the same occurrence. It is a settled principle of law that case and counter-case must be tried by the same Court to avoid conflicting judgments, to determine the aggressor and to ensure a fair trial. In the present matter, Spl.

S.C. No. 36 of 2021 is already pending before the learned Special Judge for Trial of Cases under the SC/ST (POA) Act, Adilabad. Therefore, C.C. No. 478 of 2021 pending before the learned Judicial First Class Magistrate, Nirmal, requires to be transferred to the said Special Court.

5. Accordingly, this Transfer Criminal Petition is allowed. C.C.No. 478 of 2021 on the file of the learned Judicial First Class Magistrate, Nirmal, is hereby ordered to be transferred to the file of the learned Special Judge for Trial of Cases under the SC/ST (POA) Act, Adilabad, within a period of one month from the date of receipt of a copy of this order, to be tried along with Spl. S.C. No. 36 of 2021. The learned Special Judge shall dispose of both matters in accordance with law, ensuring consistency and avoiding conflicting decisions.

Miscellaneous petitions, if any pending shall stand closed.

______________ K. SUJANA, J Date: 11.02.2026 SS THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.58 of 2025 Date: 11.02.2026 ss