Heard Sri M v. Hanumanrha Rao

Petition Under Section 447 of BNSS, praying that in the circumstances stated in the affidavit filed along with Transfer Criminal Petition, the High Court may be pleased to Set aside the Order passed in Crl.TP No. 06 of 2025 passed by the learned Principal Sessions Judge, At Khammam, dated:191O912o25, transferring the CC No. 281 of 2014 pending on the file of lll Additional Judicial Magistrate of 'First Class, Khammam to the Hon'ble ll Additional Judicial Magistrate of First Class, Khammam and consequently to restore the said case to the same original court or to any other Judicial Magistrate of First Class, Khammam. l.A. NO: 1OF 2025 Petition under Section 447 (6) o'f BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the Orders passed in Crl.TP No, OG of 2025 by the learned Principal Sessions Judge, At Khammam, dated: 1 9/09i2025, transferring the CC No. 281 of 2O14 pending on the file of lll Additional Judicial [t/agistrate of First Class, Khammam to the Hon'ble ll Additional Judicial Magistrate of First Class, Khammam till disposal of the main criminal transfer petition in the interest of justice. This Petition coming on for hearing, upon perusing t e Memorandum of Grounds of Transfer Criminal Petition and upon hearin,; the arguments of Sri M V Hanumantha Rao, Advocate for the Petitioner and iri D. Arun Kumar, Additional Public Prosecutor on behalf of the Respondent No 1 and of Sri P. Kasi Nageswara Rao, Advocate representing Pillix Law Firnr on behalf of the Respondent No.2. The Court made the following: ORDER ,ztz THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIM INAL PETITION No.127 OF 2O2S ORDER: This Transfer Criminal Petition is hled see king to set aside the order dated 19.09.2025 passed in Crl.T.p.No.O6 ot 2025 by the learned Principal Sessions Judge at Khammam in transferring C.C.No.281 of 2Ol4 lrom rhe filc of the learned III Additional Judicial Magistrate of First Class, Khammam to the Court of the learned II Additional Judicial Magistrate ot First Class, Khammam and consequently sought to restore the said case to the original Court or to any other Judicial Magistrate of First Class, Khammam.

2. Heard Sri M. V. Hanumanrha Rao, learned counsel for the petitioner as well as Sri D. Arun Kumar, learncd Additional public Prosecutor for respondenl No.1 State and Sri 'p. Kasi Nageswara Rao, learned counsel representing pillix Law Firm, appearing for respondent No.2.

3. lrarned counsel for the petitioner submitted that C.C.No.2g1 of 2074 may be transferred to any other competent Court except to the learned II Additional Judicial Magistrate of First Class, Khammam, as certain allegations have been made against the said Court. Therefore he prayed the Court to transfer the subject case to 2 the same original Court or to any other compe :ent Court at Khammam.

4. On the other hand, learned counsel for r(),pondent No.2 opposed the same stating that there is no truth Ln the alleged complaint and the petitioner herein is habitrr.l in making allegations against the ofhcers. He further submirt :d that earlier also the petitioner herein made allegations against he officer and the same was disposed of without any frnding agal st the alleged officer. Hence, requested to dismiss the transfer pet]t on.

5. Upon con sideration of the submissions mzrr I by botlt tl_rc parties, and the entire material on record, it apperr_ that thc trial Court transferred the case from the file of the learnr., lll Additional 'Judicial Magistrate of First class, Khammam to Llr, court of the learned II Additional Judicial Magistrate o[ First CI: r s, Khamrnam. Furtl'rcr, at the request of the learned counsel lirr the petitioner upo. considering the fact that I, II and III Add ronal Jurlicial Magistrate of First Class at Khammam are locate: at the same premises, as si-rch this Court deems it ht and ap[,] lprrate to set asicle the ordcr dated 1g.Og.2O2S passed by the rial Court in tr:rrrsferring rhe case i.e., C.C.No.2 gl of 2Ol4 from lre file of thc learned III Additional Judicial Magistrate of First CI;r s, Khamrnam 3 to the Court of the learned I Additionat Judicial Magistrate of First Class, Khammam.

6. Accordingly, the Transfer Criminal Petition is allowed setting aside the order dated 19.09.2025 passcd in Crl.T.p.No.O6 of 2O2S by the learned Principal Sessions Judge, Khammam. However, C.C.No.281 of 2Ol4 is hereby transferred from the Court of the learned III Additional Judicial Magistrate of First Class at Khammam to the learned I Additional Judiciat Magistrate of First Class, Khammam. The Court concerned is hereby directed to transmit the entire case hle after duly indexed, within a period of one (1) month from the date of receipt of a copy of this order, under the due intimation of the same to the other side. Pending Miscellaneous Applications, if any, shall stand closed sd/- . PONNA K ANT NA STRAR //TRUE COPY// ECTION OFFICER To, 1 . The lll Additional Judicial Magistrate of First Class, Khammam 2. The I Additional Judicial Magistrate of First Class, Khammam 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to Sri M V Hanumantha Rao, Advocate [OPUC] 5. One CC to Sri P. Kasi Nageswara Rao, Advocate [OPUCI 6. Two CD Copies l^ ilt\. -AB K /Sa HIGH COURT DATED: 2511112025 ORDER TRCRLP.No.127 ot 2025 - - ;::- c: .. 1\i - ( 3 ?l,Ar2026 )tt it, i i:,,l * t c) l: l^,'i r,t-ri ALLOWING THE TRANSFER CRIMINAL PETTTION / /'l /(lr \,/) \1 \1,' \{