HON'BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No. 106 OF 2025

ORDER:

The petitioners herein filed the present transfer criminal petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita seeking to withdraw D.V.C.No. 1 of 2022 from the file of the Court of learned Judicial Magistrate of I Class, Palakonda, and transfer the same to the file of the Court of learned IV Additional District and Sessions Judge, Srikakulam, for trial and disposal.

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

Respondent No. 1 herein is legally wedded wife of petitioner No. 1 herein and respondent No. 2 herein is their minor son. Respondent No. 1-wife filed D.V.C.No. 1 of 2022 under Section 12 of the Protection of Woman from Domestic Violence Act, 2005, before the Court of learned Judicial Magistrate of I Class, Palakonda. Respondent No. 1-wife also lodged a case in crime No. 52 of 2022 of Palakonda Police Station for the offences punishable under Sections 498-A IPC, Sections 3 and 4 of Dowry Prohibition Act and Section 3 (1) (r) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, and after completion of investigation, the police filed charge sheet and the same has been numbered as S.C.Spl.No. 28 of 2022 which is now pending before learned IV Additional District and Sessions Judge, Srikakulam.

The petitioners further pleaded that petitioner No. 1-husband has filed O.P.No. 176 of 2022 against respondent No. 1-wife seeking dissolution of marriage before the Court of learned X Additional District and Sessions Judge, Narsapur, West Godavari District, and respondent No. 1-wife filed Transfer Civil Miscellaneous Petition No. 194 of 2023 for transfer of O.P.No. 176 of 2022 and the same has been transferred to the Court at Srikakulam. The petitioners further pleaded that the allegations leveled in D.V.C.No. 1 of 2022 are inter- linked with the allegations leveled in S.C.Spl.No. 28 of 2022 and O.P.No. 176 of 2022 and that continuing D.V.C.No. 1 of 2022 before the Court of learned Judicial Magistrate of I Class, Palakonda, would not only cause inconvenience but also invite conflicting findings. Therefore, the petitioners herein filed the present petition seeking transfer of D.V.C.No. 1 of 2022 from the file of the Court of learned Judicial Magistrate of I Class, Palakonda, to the file of the Court of learned IV Additional District and Sessions Judge, Srikakulam, for trial and disposal.

3. Ms. Taddi Sowmya Naidu, learned counsel appearing for the respondents, contends that there are no merits in the transfer criminal petition and the same may be dismissed.

4. Heard Sri K.Venkata Subbaiah, learned counsel appearing for the petitioners, and Ms. Taddi Sowmya Naidu, learned counsel appearing for the respondents.

5. The petitioners herein are seeking transfer of D.V.C.No. 1 of 2022 from the file of the Court of learned Judicial Magistrate of I Class, Palakonda, to the file of the Court of learned IV Additional District and Sessions Judge, Srikakulam. D.V.C.No. 1 of 2022, which was filed by the respondents, is pending before the Court of learned Judicial Magistrate of I Class, Palakonda. It is brought to the notice of this Court by learned counsel appearing for the respondents that inquiry in D.V.C.No. 1 of 2022 has been commenced and it is coming up for further evidence of the petitioners i.e. respondent Nos. 1 and 2 herein and at this stage, the petitioners filed the present petition. It is also brought to the notice of this Court by learned counsel appearing for the respondents that trial in S.C.Spl.No. 28 of 2022 has not been commenced and it is coming up for framing of charges on the accused.

6. The ground urged by petitioners seeking transfer of D.V.C.No. 1 of 2022 is that there are common witnesses in D.V.C.No. 1 of 2022 and S.C.Spl.No. 28 of 2022 and to avoid conflicting decisions, both have to be tried by the same Court. The District and Sessions Judge is not having any jurisdiction to try the