Transfer of criminal trials requires prima facie evidence of threat; convenience is determined by the interests of the prosecution, witnesses, and society, with a preference for the jurisdiction where the offense occurred.

ORDER:

The petitioners herein have filed the present petition under Section 447 of B.N.S.S., Act, 2023 , seeking transfer of S.C.No.203 of 2019, on the file of the XIII Additional Sessions Judge, Ramachandrapuram, East Godavari District, to the file of the Principal Sessions Judge, Rajahmahendravaram, for trial and disposal of the same.

2. Heard Mr. B. Somanatheswara Reddy, learned counsel for the petitioners and learned Assistant Public Prosecutor, appearing on behalf of respondent No.1/State.

3. Perused the material available on record.

4. Learned counsel for the petitioners contended that the petitioners are facing threat from the persons connected with the prosecution, who are the local residents of Ramachandrapuram and that they have filed the present petition, seeking transfer of S.C.No.203 of 2019, which is pending before the XIII Additional Sessions Judge, Ramachandrapuram, to the file of the Principal Sessions Judge, Rajahmendravaram.

5. Learned Assistant Public Prosecutor appearing on behalf of respondent No.1/State, contended that all the witnesses cited in the charge sheet are residing within the jurisdiction of the Court at Ramachandrapuram and the sessions case is pending before the XIII Additional Sessions Judge, Ramachandrapuram. He further contended that incase, the said session’s case i.e. S.C.No.203 of 2019, is transferred to the file of the Principal Sessions Judge at Rajahmahendravaram, all the witnesses will face much difficulty and it is also very difficult for prosecution to produce the witnesses before the Court at Rajahmahendravaram.

6. The ground urged by the petitioners, seeking transfer of S.C.No.203 of 2019, which is pending before the XIII Additional Sessions Judge, Ramachandrapuram, is that the petitioners are facing threat from the persons connected with the prosecution who are the local residents of Ramachandrapuram. Admittedly, no prima facie material is produced by the petitioners to show that they are facing threat from the persons connected with the prosecution.

7. In the case at hand, no prima facie evidence was produced by the petitioners to show that there was a threat in the hands of the respondents at Ramachandrapuram. The law is well settled that every offence shall ordinarily be enquired into and tried by a Court within whose local jurisdiction, it was committed. The cause of action and alleged offence as per the ‘First Information Report’ are alleged to have arisen within the jurisdiction of the concerned Court i.e. XIII Additional Sessions Judge, Ramachandrapuram.

8. Admittedly, the Sessions Case vide S.C.No.203 of 2019, relates to the year 2019, and the trial has not commenced and at this stage, if the said case i.e. S.C.No.203 of 2019, has been withdrawn and transferred to some other Court, the case proceedings would be further delayed. Furthermore, all the witnesses cited in the charge sheet are residing within the jurisdiction of Ramachandraupram Court, in case, if the S.C.No.203 of 2019 is transferred to the file of the Principal Sessions Judge, Rajahmendravram, the witnesses would face difficulties in appearing before the Court at Rajahmendravram. The law is also equally well settled that the convenience for the purposes of transfer means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society.

9. For the aforesaid reasons, I do not find any grounds to allow the present petition and accordingly, the Transfer Criminal Petition is dismissed at the stage of admission.

As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.