THE HONOURABLE SMT. JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.125 of 2023

ORAL ORDER:

This Transfer Criminal Petition is filed by the petitioners to transfer DVC.No.18 of 2022 on the file of the Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Suryapet to any competent Court at Hyderabad.

2. Heard Sri Baglekar Akash Kumar, learned counsel appearing on behalf of the petitioners as well as Sri V. Brahmaiah Chowdary, learned counsel appearing on behalf of respondent No.1 and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent -

State.

3. Learned counsel for the petitioners submitted that the petitioners are seeking transfer of the subject DVC on the ground that there is a threat to them from respondent No.1 and her relatives and that though complaints were given to the Police, no action has been taken. Therefore, the petitioners are unable to appear before the Suryapet Court to contest the proceedings in the DVC. Hence, he prayed the Court to transfer the case to Hyderabad.

4. On the other hand, learned counsel for respondent No.1 submitted that there is no such threat to the petitioners, and that the present petition has been filed only to delay the proceedings. He contended that the petitioners have appeared before the Court in all the cases, and no such incident has occurred either in the Court premises or elsewhere. Therefore, there is no need to transfer the case from Suryapet, as it would cause inconvenience to respondent No.1 to appear before the Court at Hyderabad. Hence, he prayed the court to dismiss the transfer Criminal Petition.

5. In light of the submissions made by both the learned counsel and on perusal of the material on record, it appears that on the previous occasion, based on the representation made by the counsel for the petitioners, this Court directed the trial Court to submit a report regarding the status of the case and any threat, if reported. The trial Court submitted a report stating that no such instance or incident had taken place in the trial Court, and that no direction for protection or escort to the petitioners had been issued. It was also stated that the petitioners had already appeared before the Court and requested permission to engage the counsel. Considering the report submitted by the trial Court and the submissions of both learned counsel, the presence of the petitioners before the trial Court is dispensed with, subject to the condition that the petitioners shall appear before the trial Court whenever their presence is specifically required. Further, the petitioners are permitted to appear before the trial Court virtually.

6. With the above directions, this Transfer Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 06.11.2025 SAI THE HONOURABLE SMT JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.125 of 2023 Date: 06.11.2025 sai