Transfer of criminal cases is not routine and must be justified under exceptional circumstances to ensure trial credibility and impartiality.

ORDER:

The petitioner filed the present petition under Section 447 of B.N.S.S. , 2023 seeking to set aside the order dated 03.05.2025, passed in Tr.Crl.M.P.No.119 of 2025 by the learned Principal District Judge, S.P.S.R. Nellore District and to withdraw C.C.No.179 of 2020, on the file of the Judicial Magistrate of First Class, Atmakur and transfer the same to the Judicial Magistrate of First Class at Nellore.

2. The case of the petitioner in brief is as follows:

I. The petitioner has lodged a complaint before the Kaluvoy Police Station under Sections 498-A, 323 IPC and under Sections 3 & 4 of the Dowry Prohibition Act vide Cr.No.07 of 2020, against the respondent Nos.2 to 5 and after completion of investigation, the Police have filed charge sheet vide C.C.No.179 of 2020, on the file of the Judicial Magistrate of First Class, Atmakur and the same is pending for adjudication. While so, at the time of filing the charge sheet by the Investigating officer, the name of one Kota Sivasankar Reddy, who was one of the accused in Cr.No.07 of 2020, was deleted from the charge sheet. Thereafter, on 28.08.2024, the learned Judicial Magistrate of First Class, Atmakur directed the petitioner to bring her children by the next date of adjournment in order to enable the respondent No.2 herein to interact with the children and accordingly, the case is being posted from time to time for bringing of children by the petitioner. Subsequently, when the matter was listed on 21.11.2024, before the Court below, the petitioner herein sought time for filing transfer petition.

II. Learned counsel for the petitioner would contend that the petitioner herein had filed Tr.Crl.M.P.No.119 of 2025, on the file of the learned Principal District Judge, S.P.S.R. Nellore District, seeking to withdraw the case in C.C.No.179 of 2020, on the file of the Judicial Magistrate of First Class, Atmakur and transfer the same to the Judicial Magistrate of First Class at Nellore, the Sessions Court vide its order dated 03.05.2025, dismissed the Tr.Crl.M.P., filed by the petitioner herein. Aggrieved by the same, the petitioner is constrained to file the present transfer criminal petition seeking to set aside the order dated 03.05.2025, passed in Tr.Crl.M.P.No.119 of 2025 by the learned Principal District Judge, S.P.S.R. Nellore District and to withdraw C.C.No.179 of 2020, on the file of the Judicial Magistrate of First Class, Atmakur and transfer the same to the Judicial Magistrate of First Class at Nellore.

3. Heard Sri V.Roopesh Kumar Reddy, learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent No.1/State.

Perused the material available on record.

4. The material on record prima facie goes to show that the petitioner herein has filed a Criminal Case vide Cr.No.07 of 2020, against the respondent Nos.2 to 5 and after completion of investigation, the Police have filed charge sheet vide C.C.No.179 of 2020, on the file of the Judicial Magistrate of First Class, Atmakur. Today when the matter is taken up for hearing, the learned Judicial Magistrate of First Class, Atmakur, S.P.S.R. Nellore District has sent the remarks dated 07.08.2025, to the Registry and the same is placed on record. On a perusal of the said remarks, it is stated that when the matter was taken up for hearing on 28.08.2024, the Respondent No.2 herein has represented before the Court below that he is willing to take back the petitioner and her children to his conjugal life and sought for mediation, in view of the same, the Court below has posted the matter to 05.10.2024 and directed the petitioner herein orally to bring her children for effective and comprehensive mediation, but, on 05.10.2024, the petitioner was absent and the matter was posted from time