IMPORTANT POINT
Transfer of criminal cases requires exceptional circumstances; mere apprehension of injustice is insufficient.

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 the file of Family Court, Visakhapatnam, filed by the petitioner seeking for divorce, R2 engaged counsel and filed counter. It is also the contention of the petitioners that marriage of the petitioner No.1 and R2 was solemnized at Visakhapatnam and they also resided at Visakhapatnam but a false case was foisted against the petitioners at Macherla in the said case, petitioners were called to Macherla Police Station, where they attended, at that time, relatives of R2 assaulted petitioner No.1 and threatened other petitioners with dire consequences. The main contention of the petitioners is that on a false report lodged by R2, a criminal case has been registered against them, which is now pending as C.C.No.154 of 2023 on the file of Junior Civil Judge Court, Macherla. It is also the contention of the petitioners that they have got a threat to their life if they attend the Court at Macherla. The petitioners submit that even R2 when she attended Court in F.C.O.P.No.1230 of 2022, she came to house of the petitioner No.1 and making scene before the house by calling all the people in and around the house of petitioner No.1 in Visakhapatnam and they are having life threat in the hands of R2 family who also attacked petitioners in the police station itself, which was also complained to higher authorities in police department, which copies are filed along with this petition. They pray to allow the petition.

3. R1/State not filed any counter-affidavit opposing the prayer of the petitioners. R2/informant has filed counter-affidavit denying the allegations made in the affidavit of the petitioner No.1. She admitted that marriage of herself and petitioner No.1 was performed at Visakhapatnam and they both lived at Visakhapatnam and then petitioner No.1 filed F.C.O.P.No.1230 of 2022 pending on the file of Family Court, Visakhapatnam, seeking for divorce, wherein she is regularly appearing. She submits that due to divorce petition filed by the petitioner No.1, she is suffering from mental trauma and health issues. Now she is residing in her parents’ village, due to that she invoked jurisdiction at the place of shelter, where she is residing and lodged a report, which SHO investigated the case and filed charge sheet against the petitioners vide C.C.No.154 of 2023 on the file of Junior Civil Judge Court, Macherla. It is also the contention of R2 that wife has got right to file report for dowry harassment at the place where she is taking shelter after driven out from matrimonial home who faced cruelty from husband and relatives. She prays to dismiss the petition.

4. Learned counsel for the petitioners, would submit that though alleged harassment took place at Visakhapatnam, but R2/wife has chosen to file complaint at Macherla after petitioner No.1 filed petition seeking fo