1. Heard Sri M.Venkatanarayana, learned counsel representing the petitioner and the learned Additional Public Prosecutor representing the third respondent.

2. The Transfer Criminal Petition is filed under Section 407 of the Code of Criminal Procedure, 1973 (herein after referred to as "Cr.P.C." for the sake of convenience) praying for withdrawal and transfer of M.C.No.37 of 2009 on the file of the IV Additional Judicial Magistrate of First Class, Nellore to the Family Court (VI Additional District Judge), Nellore, Sri Pottisriramulu Nellore District and pass necessary suitable orders.

3. The learned counsel for the petitioner had taken this Court to the averments made in the affidavit filed in support of the Criminal Petition in Paras 2, 3 and 4 and would maintain that in the facts and circumstances of the case, it is a fit matter where transfer is to be ordered. Incidentally, learned counsel also pointed out to Sections 7 and 8 of the Family Courts Act, 1984 (herein after, referred to as "the Act" for the sake of convenience).

4. The learned Additional Public Prosecutor however would maintain that in the light of the clear language of the proviso to Section 407(2) Cr.P.C