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2025:APHC:58201

THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO

TRANSFER CRIMINAL PETITION No.28 of 2024

ORDER:

The petitioner/respondent herein filed the present petition

under Section 407 of Criminal Procedure Code, 1973 (for short,

‘the Cr.P.C.’), seeking to withdraw M.C.No.5 of 2023, on the file of

Judicial Magistrate of First Class, Puttaparthy and transfer the

same to the file of Judicial Magistrate of First Class, Penukonda

for trial and disposal.

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

i. The petitioner is none other than the husband of the

1^st respondent and 1^st respondent filed a maintenance

case vide M.C.No.5 of 2023 and now the present

maintenance case is pending before the Judicial

Magistrate of First Class at Puttaparthy. The petitioner

further pleaded that now he is residing at Penukonda at

where C.C.No.236 of 2023, on the file of Judicial

Magistrate of First Class, Penukonda was filed by the

petitioner and the same is pending for adjudication. The

petitioner further pleaded that the 1^st respondent and her

family members and their followers are threatening him

not to appear in maintenance case otherwise they will do

away with his life. He further pleaded that he is

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apprehending imminent danger to his life. As such he

filed this Tr.Crl.M.P.No.19 of 2023, on the file of Principal

District and Session Judge, Ananthapuramu, seeking to

transfer the M.C.No.5 of 2023 from the Court of learned

Judicial Magistrate of First Class, Puttaparty to the Court

of learned Judicial Magistrate of First Class, Penukonda

and the learned District Judge dismissed the said

application and that he is constrained to file the present

application.

3. Heard Sri K.Mohan Rami Reddy, learned counsel for the

petitioner, Sri S.Krishna Reddy, learned counsel for the 1^st

respondent and learned Assistant Public Prosecutor appearing for

the respondent No.2.

4. As seen from the material available on record, the 1^st

respondent/wife approached the Judicial Magistrate of First Class,

Puttaparthy, seeking maintenance for maintaining her livelihood,

and it is also contended by the learned counsel for respondent

No.1 that respondent No.1/wife has been residing within the

jurisdiction of the Judicial Magistrate of First Class at Puttaparthy,

where M.C.No.5 of 2023 is pending. It is also brought to the notice

of the Court that another case is also pending for disposal before

the Judicial Magistrate of First Class at Puttaparthy.

5. The grounds raised by the petitioner/husband seeking the

transfer of M.C. No. 5 of 2023 from the Judicial Magistrate of First

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Class, Puttaparthy, to the Judicial Magistrate of First Class,

Penukonda, are that respondent No. 1, her family members, and

their followers are threatening him not to appear in the

maintenance case. Admittedly no prima facie material has been

placed on record to prove his contention in this petition.

6. It is well settled that mere threat cannot be considered as a

ground for transferring a maintenance case from one jurisdiction

to another, as consistently held by the Hon’ble Apex Court in

catena of judgments. The vague and vexatious allegations,

without any element of truth, that there is threat in the hands of the

respondent No.1 to the petitioner herein to appear before the

Court below cannot be considered for transferring maintenance

case filed by wife from one Court to another. Mere allegations of

threat or apprehension are not sufficient to order transfer unless

such apprehension is reasonable, genuine and supported by

prima facie material. Admittedly, no prima facie evidence is

produced by the petitioner to prove the alleged threat in the

present Transfer Criminal Petition.

7. Learned counsel for the petitioner further contends that the

maintenance case i.e., M.C. No. 5 of 2023, may be transferred to

another Court, namely the Judicial Magistrate of First Class,

Ananthapuramu. However, it is not the case of either party that the

petitioner/husband or respondent/wife resides in Ananthapuramu.