THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO TRANSFER CRIMINAL PETITION No.56 of 2024

ORDER

This transfer criminal petition is filed under Section 407 of the Code of Criminal Procedure, 1973, seeking to withdraw C.C.No.421 of 2022 from the file of the Special Judicial First Class (Excise) Magistrate at Karimnagar and transfer the same to the XIII Additional Chief Metropolitan Magistrate Court at Hyderabad.

2. Heard Mr. T. Laxmi Narayana, learned counsel, representing, Mr. M.A.K. Mukheed, learned counsel for the petitioners, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.1 State.

3. Learned counsel for the petitioners submitted that pursuant to the order dated 03.06.2024, he sent personal notice to respondent No.2 by way of registered post with acknowledgment due and the same was returned with a postal endorsement ‘insufficient address’, though he sent notice to the address mentioned in the First Information Report and Charge Sheet.

4. He further submitted that the petitioners are resident of Anandapet, Guntur District, Andhra Pradesh. Petitioner No.1 is a house-wife, petitioner No.2 is aged about 70 years and petitioner Nos.3 and 4 are doing business and it is very much difficult for them to travel from Guntur to Karimnagar on each and every adjournment to prosecute the proceedings in C.C.No.421 of 2022. If the case is transferred to the Court of the XIII Additional Chief Metropolitan Magistrate at Hyderabad, no prejudice would be caused to the respondents.

5. Per contra, learned Additional Public Prosecutor submitted that basing upon the complaint lodged by respondent No.2, Crime No.94 of 2021 was registered by the Women Police Station, Karimnagar, for the offences under Sections 498-A and 420 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961, against the petitioners and accused No.1, who is the husband of respondent No.2. The Investigating Officer after conducting investigation and recording the statements of LWs.1 to 9 filed the Charge Sheet and the concerned Court has taken cognizance and numbered it as C.C.No.421 of 2022. He further submitted that the offence has taken place within the jurisdiction of Women Police Station, Karimnagar, and on behalf of respondent No.2, respondent No.1-State is prosecuting the proceedings in C.C.No.421 of 2022 and basing on the convenience of the petitioners, the said case cannot be transferred. If C.C.No.421 of 2022 is transferred from Karimnagar to XIII Additional Chief Metropolitan Magistrate at Hyderabad, it is very difficult to prosecute the proceedings.

6. Learned counsel for the petitioners by way of reply requested the Court to dispense with the presence of petitioner Nos.1, 2 and 4 in C.C.No.421 of 2022 and petitioner No.3 will appear before the trial Court on each and every adjournment.

7. Learned Additional Public Prosecutor has not opposed the same.

8. In view of the submissions made by the respective parties, this Court without expressing any view on the merits of the case, the presence of petitioner Nos.1, 2 and 4 before the trial Court is dispensed with, unless their presence is specifically required during the course of trial, subject to the condition of petitioner Nos.1, 2 and 4 being represented by their counsel on every date of hearing. However, petitioner No.3 shall appear before the trial Court. In case of non-appearance of petitioner Nos.1, 2 and 4 on the specific date so fixed by the trial Court for their appearance, the trial Court is entitled to proceed with the matter in accordance with law. Further, the trial Court is directed to conduct trial and disposal of C.C.No.421 of 2022, as earlier as possible.

9. With the above directions, transfer criminal petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.

______________________ J.SREENIVAS RAO, J Date: 05.08.2025 Note: Issue C.C. in a week.

(b/o) mar