Transfer of a criminal trial is governed by the convenience of the prosecution and witnesses rather than the convenience of the accused alone, particularly when the trial is within the local jurisdiction where the offense was committed and no prima facie evidence of threat is established.

The Court made the following:

ORDER:

The petitioners have filed the present petition under Section 447 of B.N.S.S. , Act seeking to withdraw C.C.No.489 of 2017, on the file of the II Additional Junior Civil Judge, Guntur, and transfer the same to the Judicial Magistrate of First Class, Addanki, Prakasam District.

The case of the petitioners is as follows:

I. The petitioner No.1 is the husband of respondent No.2, and their marriage was solemnized in the year 2015. After their marriage, they lived at Khammam. During their wedlock, they were blessed with a female child, aged about 10 years. In view of the matrimonial disputes between both the parties, respondent No.2/wife, along with her daughter aged about 10 years, is staying at her parents’ house at Guntur. The petitioner No.1 further pleaded that respondent No.2 lodged a report before the Women Police Station, Guntur Urban vide Cr.No.111 of 2017, under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, and after completion of investigation, the Police filed charge sheet vide C.C.No.489 of 2017, on the file of the Special Mobile Magistrate Court, Guntur, and the same was transferred to the Court of the II Additional Junior Civil Judge, Guntur. The petitioner No.1 further pleaded that due to matrimonial disputes, he divorced respondent No.2 as per Muslim Shariat Law and the Wakf Board issued a divorce certificate on 31.05.2017, and after obtaining the divorce certificate, petitioner No.1 remarried as per Muslim customs. The petitioner No.1 further pleaded that respondent No.2 filed a Domestic Violence Case, a Maintenance Case, and a Bigamy Case against petitioner No.1.

II. Learned counsel for the petitioners further contended that the respondent No.2 and her brothers are making threatening calls to the petitioners and the respondent No.2 is sending abusive messages through her mobile phone to the petitioner No.1 and that the petitioners are constrained to file the present transfer petition seeking to withdraw C.C.No.489 of 2017, on the file of the II Additional Junior Civil Judge, Guntur, and transfer the same to the Judicial Magistrate of First Class, Addanki, Prakasam District.

The respondent No.2 filed counter affidavit and the case of the respondent No.2 as per the counter affidavit is as follows:

I. The petitioners failed to state on which date respondent No.2 and her family members abused the petitioners. Respondent No.2 pleaded that neither she nor her family members ever made any threats to the petitioners and that the same was concocted for the purpose of filing this vexatious petition. Respondent No.2 further pleaded that petitioner No.1 failed to state on which date respondent No.2 beat petitioner No.1 with her sandal in public and when her brothers allegedly manhandled petitioner No.1. Respondent No.2 further pleaded that no such incident, as alleged by petitioner No.1, had taken place, and that she filed F.C.O.P.No.358 of 2017, on the file of the Family Court, Guntur, against petitioner No.1 seeking monthly maintenance for herself and her daughter from petitioner No.1. Respondent No.2 further pleaded that as petitioner No.1 failed to pay the monthly maintenance, the learned Judge, Family Court, Guntur, issued a Non-Bailable Warrant (NBW) in Crl.M.P.No.66 of 2025 in F.C.O.P.No.358 of 2017 against petitioner No.1, and the same is pending for execution. Respondent No.2 further pleaded that in order to avoid execution of the NBW against petitioner No.1, the petitioners filed the present transfer petition.

II. Learned counsel for respondent No.2 would contend that all the prosecution witnesses in C.C.No.489 of 2017 are residents of Guntur and that if the criminal case in C.C.No.489 of 2017 is withdrawn and transferred from Guntur to a Court at Addanki, Prakasam District, it would be very difficult for the witnesses to travel from Guntur to Addanki on each and every date of adjournment. Respondent No.2 further pleaded that she filed a D