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B. SYAMSUNDER
Peluri Venkata Srinadh – Appellant
Versus
State Station House Officer – Respondent
ORDER :
B. Syamsunder, J.
I have heard learned counsel for petitioners, Mr. Yadavalli Ramesh as well as learned counsel for 2nd respondent, Mr. M.P.V.N.V. Sastri.
2. This petition is filed by the petitioners/accused under Section 407 of Code of Criminal Procedure (in short, ‘Cr.P.C.’) seeking transfer of C.C. No.65 of 2024 from Principal Junior Civil Judge -cum- Judicial Magistrate of First Class, Bobbili to Judicial Magistrate of First Class, Eluru, West Godavari District, on the ground that now the 1st petitioner is working as Finance Officer, IIIT College, Nuziveedu of Krishna Judicial District, whereas the 2nd petitioner is aged 65 years, residing at Naraspuram, the 3rd petitioner is practicing as Advocate at Kovvuru of West Godavari District, the 4th petitioner is working as School Assistant, Z.P. High School, Ganapavaram, the 5th petitioner is working as School Assistant, Z.P. High School, Mogalturu Village of West Godavari District and the 6th petitioner is working as Secondary Grade Teacher, MPP School, Thurputallu Village, Narasapuram Mandal of West Godavari District, due to that, it is difficult for them to attend before the court at Bobbili for each and every adjournment, w
Transfers of criminal cases under Section 407 Cr.P.C. require exceptional circumstances, focusing on justice and convenience for all parties.
Transfer of criminal cases requires exceptional circumstances; mere apprehension of injustice is insufficient.
Right of accused to a fair trial and a fair opportunity to defend himself against charges will be meaningful only when there is active participation of accused in proceedings.
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