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BANDARU SYAMSUNDER
Madamanchi Srinivas – Appellant
Versus
State Of Andhra Pradesh – Respondent
JUDGMENT :
(Bandaru Syamsunder, J.) :
I have heard learned counsel for the petitioners, Mr.S.Satyanarayana Moorthy as well as learned counsel for the respondent, Ms.Gayathri.
2. This petition is filed by the petitioners/accused under Section 407 of the Criminal Procedure Code (in short “Cr.P.C”), seeking transfer of C.C.No.154 of 2023 on the file of Additional Junior Civil Judge Court, Macherla, Guntur Judicial District to any Court at Visakhapatnam District or any other Court. The petitioners submit that on the report lodged by R2, SHO, Macherla Rural Police Station registered a case against the petitioners on 10.05.2023 for the offences punishable under Section 498-A r/w 34 IPC and Sections 3 and 4 of Dowry Prohibition Act. It is the contention of the petitioners that petitioner No.1, petitioner No.2 and petitioner No.6 are the residents of Visakhapatnam, whereas the petitioner No.3, petitioner No.4 are residents of Guntur District and R2 has lodged false and frivolous complaint against them. They submit that petitioner No.1 filed divorce O.P on 05.07.2022, whereas R2 lodged a report against petitioners for dowry harassment on 10.05.2023 and in F.C.O.P.No.1230 of 2022 pending on t
Transfer of criminal cases requires exceptional circumstances; mere apprehension of injustice is insufficient.
The main legal point established in the judgment is the cautious exercise of power to transfer a trial under Sec. 407 of Cr.P.C, considering the comparative inconvenience and hardships likely to be c....
The central legal point established in the judgment is the application of CrPC Section 407 (1)(c) for the transfer of a case, emphasizing the ends of justice and the convenience of the parties and wi....
The court established that the apprehension of bias and threats to personal safety are valid grounds for transferring a case to ensure a fair trial, as per Section 407 of the Cr.P.C.
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