THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO TRANSFER CRIMINAL PETITION No.10 of 2025

ORDER:

This transfer criminal petition has been filed under Section

407 of the Code of Criminal Procedure, 1973 by the petitioners/accused seeking transfer of C.C.No.199 of 2019 pending on the file of the Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-IV Additional Junior Civil Judge, Khammam, to the Court of Judicial Magistrate of First Class at Madhira, Khammam District.

2. Pursuant to the order passed this Court dated 03.02.2025, learned counsel for the petitioners sent personal notice to respondent No.2 by way of registered post with acknowledgment due and same was returned with a postal endorsement ‘refused’.

As per the General Clauses Act, refusal is deemed to be served.

3. Heard Mr. G. Ravi Chandrasekhar, learned counsel for the petitioners, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.1 State.

4. Learned counsel for the petitioners submitted that basing on the complaint lodged by respondent No.2, who is none other than the wife of petitioner No.1/accused No.1, Crime No.11 of 2018 was registered for the offences punishable under Sections 498-A, 420 and 506 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, ‘the DP Act’) of Women Police Station, Khammam. The Investigating Officer after completion of investigation filed charge sheet on 08.10.2018 and the same was taken cognizance by the learned Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-IV Additional Junior Civil Judge, Khammam, and numbered it as C.C.No.199 of 2019. He further submitted that respondent No.2 filed F.C.M.C.No.105 of 2018 claiming maintenance against petitioner No.1 before the Family Court-cum- Additional District Judge, Khammam. Petitioner No.1 approached this Court and filed Tr.C.M.P.No.175 of 2022 invoking the provisions of Section 24 of the Code of Civil Procedure, 1908, seeking transfer of F.C.M.C.No.105 of 2018 from the Family Court- cum-Additional District Judge, Khammam, to the Judge, Family Court, Nalgonda or Judicial Magistrate of First Class at Sathupalli, Khammam District. This Court disposed of the said transfer C.M.P. and transferred F.C.M.C.No.105 of 2018 from the file of the Family Court-cum-Additional District Judge, Khammam, to the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Madhira, and respondent No.2 is prosecuting the proceedings.

5. He further submitted that there is a serious threat in the hands of respondent No.2 and her family members, when the petitioners are appearing in C.C.No.199 of 2019 before the Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-IV Additional Junior Civil Judge, Khammam. He also submitted that the petitioners are residing at Kapulavari Bazar, Gampalagudem Mandal, Krishna District, Andhra Pradesh, and they have to travel a long distance to prosecute C.C.No.199 of 2019 pending on the file of the Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-IV Additional Junior Civil Judge, Khammam. If C.C.No.199 of 2019 is transferred to the Judicial Magistrate of First Class, Madhira, no prejudice would be caused to respondent No.2.

6. Per contra, learned Additional Public Prosecutor submitted that basing on the convenience, the parties are not entitled to seek transfer the case from one Court to another Court, especially when the State is prosecuting the case i.e., C.C.No.199 of 2019 on behalf of respondent No.2/de facto complainant. If the case is transferred from the jurisdictional Court as well as jurisdictional police station to another place, the prosecution has to face huge problems to secure witnesses, who are residing within the jurisdiction of Women Police Station, Khammam, and it is very difficult to prosecute the proceedings at M