Heard Sri M v. Hanumantha 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.07 of 2025 passed by the learned Principal Sessions Judge, at Khammam, dated. 19/09/2025, transferring the CC No. 280 of 2014 pending on the file of the lll Addttional 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 Magiskate of First Class, Khammam. l.A. NO: 1 OF 2025 Petition under Section 447 (6) of BNSS praying that in the circumstances stated in the affidavrt 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. O7 of 2025 by the learned Principal Sessions Judge, at Khammam, dated: 19/09/2025, transferring the CC No. 28O 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 till disposal of the main criminal transfer petition in the interest of justice. l I !' I I I ! i l, This Petition coming on for hearing, upon perusing lte Memorandum of Grounds of Transfer Criminal Petition and upon hearin I the arguments of Sri M V Hanumantha Rao, Advocate for the Petitioner anc Sri D. Arun Kumar, Additional Public Prosecutor on behalf of the Respondent N ) 1 and of Sri P. Kasi Nageswara Rao, representing Pillix Law Firm, Advocate lr the Respondent No.2. The Court made the following: ORDER jYltF:le'{Etz .+ .,{ ,;/ THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.124 OF 2025 ORDER: This Transfer Criminal Petition is filed seeking to set aside the order dated 19.09.2025 passed in Crl.T.P.No.O7 of 2025 by the Iearned Principal Sessions Judge at Khammam in transferring C.C.No.280 of 2Ol4 from the file of the learned III Additional Judicial Magistrate of First Class, Khammam to the Court of the learned II Additional Judicial Magistrate of 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. Hanumantha Rao, learned counsel for the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor for respondent No.l - State and Sri P. Kasi Nageswara Rao, learned counsel representing Pillix t"a.w Firm, appearing for respondent No.2.

3. Learned counsel for the petitioner submitted that C.C.No.28O of 2Ol4 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 Y l I I i 2 the same original Court or to any other com l etent Court at Khammam.

4. On the other hand, learncd counsel for :.:spondent No.2 opposed the same stating that there is no tru t I in the alleged complaint and the petitioner herein is habirr al in making allegations against the ofhcers. He further subrn i; ted that earlier also the petitioner herein made allegations against the officer and the same was disposed of without any finding agit nst the alleged officer. Hence, requested to dismiss the transfer p,:ri ion.

5. Upon consideration of the submissions mac e by both the parties, and the entire material on record, it appe: r s that the trial Court transferred the case from the hle of the leam: I III Additional Judicial Magistrate of First Class, Khammam to t I : Court of the learned iI Additional Judicial Magistrate of First CI;r ;s, Khammam. Further, at the request of the learned counsel fo- the petitioner upon considering the fact that I, II and III Addi ional Judicial Magistrate of First Class at Khammam are locate < at the same premises, as such this Court deems it fit and app opriate to set aside the order dated 19 .O9.2O25 passed by the .rial Court in transferring the case i.e., C.C.No.2 aO of 2OI4 frorn -he hle of the learned III Additional Judiciai Magistrate of First Cl:t ,s, Khammam Y 3 to the court of the learned r Additional Judicial Magistrate of First Class, Khammam.

6. Accordingly, the Transfer Criminal petition is allowed setting aside the order dated 19.09.2025 passed in Crl.T.p.No. OZ of 2025 by the learned Principal Sessions Judge, Khammam. However, C.C. No.280 of 2OI4 is hereby transferred from the Court of the learned lll Additional Judicial Magistrate of First Class at Khammam to the learned I Additional Judicial 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, shail stand closed. //TRUE COPY// SD/- S.MALLIKARJUNA RAO ASSISTANT REGISTRAR z- SECTION OFFICER To,

1. The Principal Sessions Judge' at Khammam i ii.t" iri nJiliional Judicial Migistrate of First Class' Xhammam 5 iii" i nIJ,tiJniL.lroi"i"t Magistrate of First class' Khammam i i'ri" ir';;;;;n"t J,di"i"l MJgistrate of First class' Khammam 5. The Station nouse Omcer, f"n"'"t lll Town Police Station' Khammam 6. Two CCs to Public ptot"t'i"il rf igh court for the State of Telangana at z orie dc to sii M v Hanumantha Rao, Advocate tof!-Cl ; o;; aa io sri p Kasi Nageswara Rao' Advocate [oPucl 9. Two CD CoPies Hyderabad [OUTI BK /I'SL a, :- r:-?B'Fi -r---'== tiK" "; :\.. i ..t Q , J JAII 026 2 * '-.: $r"i11 ---:. -: HIGH COURT DATED: 251'1112025 ORDER TRCRLP.No.124 ol 2025 ALLOWING THE TRANSFER CRIMINAL PETITION \ \w