Pegadala Sudhakara Reddy v. Thummalapudi Venkata Satyanarayana Reddy

praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to grand stay of all further proceedings in C.C.No.290/2024 on the file of JFCM Anaparthi East Godavari District Tr. CrI.M.P. filed herewith. pending further order/s in Counsel for the Petitioner: Sri Raja Reddy Koneti Counsel for the Respondents: Sri K. Venkatesh The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.74 of 2024 ORDER: The petitioner in Tr.Crl.P.No.74 of 2024 has filed the present petition under Section 407 of Cr.P.C., seeking to transfer C.C.No.290 of 2024, on the file of the Judicial First Class Magistrate Court, Anaparthi, East Godavari District to the Judicial First Class Magistrate Court, Vinukonda or to any other JFCM Court in Guntur District.

#2. The case of the petitioner in brief is as follows: The marriage of the petitioner’s daughter and the son of I. the respondent No.2 was performed in the year 2018. Due to matrimonial disputes between both of them,, they residing separately. The petitioner further pleaded his daughter had lodged a complaint vide Cr.No.82 of 2022, before the Vinukonda Rural Police Station under Section 498(A) IPC and under Sections 3 & 4 of the Dowry Prohibition Act, against the son of the respondent No.2 and his family members and the same is numbered C.C.No.288 of 2022 on the file of the Judicial Magistrate of First Class, Vinukonda, Palnadu District. 2 Further the daughter of the petitioner had also filed a Maintenance Case vide M.C.No.4 of 2023 and a Domestic Violence Case vide D.V.C.No.6 of 2023, on the file of Judicial Magistrate of First Class Court, Vinukonda. II. The petitioner further pleaded that on 03.05.2024, when petitioner and his daughter attended the Court proceedings in C.C.No.288 of 2022 and came out, the son of the respondent No.2 picked up a quarrel with the daughter of the petitioner and misbehaved with her. Alleging the same the daughter of the petitioner filed a complaint before the Vinukonda Police Station; the same was registered as FIR.No.97 of 2024, under Sections 324, 506 r/w 34 IPC. Further the son of the respondent No.2 had filed a had filed H.M.O.P.No.93 of 2022, on the file of the Senior Civil Judge Court, Ramachandrapuram, East Godavari, wherein the daughter of the petitioner is unable to engage a counsel. The petitioner further pleaded that based on the complaint lodged by the respondent No.2 before Court of Judicial Magistrate First Class, Anaparthi a C.C.No.290 of 2024, on the file of the Judicial Magistrate 3 First Class, Anaparthi was registered against the petitioner family members. Further respondent No.2 politically influenced persons and the petitioner and his daughter has to travel to Anaparthi for attending the Court proceedings in C.C.No.290 of 2024 and on the ground of apprehension threat, petitioner herein was constrained to file the present petition seeking to transfer C.C.No.290 of 2024, on the file of the Judicial First Class Magistrate Court, Anaparthi, East Godavari District to the Judicial First Class Magistrate Court, Vinukonda or to any other JFCM Court in Guntur District.

#3. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner, learned Public Prosecutor appearing respondent No.1 Sri K.Venkatesh, learned counsel appearing for the respondent No.2 and perused the record.

#4. During the course of the hearing, learned counsel for the respondent No.2 has opposed the transferring of C.C.No.290 of 2024, on the file of the Judicial First Class Magistrate Court, Anaparthi, East Godavari District to the Judicial First Class Magistrate Court, Vinukonda and represented that there are no 4 considerable grounds to consider the request made by the petitioner and requested to dismiss the present Transfer Criminal Petition.

#5. As seen from the material available on record, it evident that a batch of Transfer Criminal Petitions vide Tr.Crl.P.Nos.44, 42 and 45 of 2024 along with the present Transfer Criminal Petition were filed by the same parties before this Court seeking transfer of various cases filed by both the parties against each other. Wherein, this Court in Tr.Crl.P.No.44 of 2024 is inclined to transfer the case in C.C.No.288 of 2022, on the file of the Judicial First Class Magistrate Court, Vinukonda, Guntur District, filed under Section 498(A) IPC to the VI Additional Judicial Magistrate of First Class, Guntur. The present case in C.C.No.290 of 2024, on the file of the Judicial Magistrate of First Class, Anaparthi, is filed by the son of the respondent No.2 herein, who is none other than the petitioner No.1 in Tr.Crl.P.No.44 of 2024. Since, CC.No.288 of 2022 on the file of the Judicial First Class Magistrate of First Class, Guntur, therefore, I am of the considered view that this case is also a fit case to transfer the same i.e., C.C.No.290 of 2024, on the file of the Judicial 5 Magistrate of First Class, Anaparthi to the VI Additional Judicial Magistrate of First Class, Guntur.

#6. In the result, the Transfer Criminal Petition is allowed and the case in C.C.No.290 of 2024, from the Judicial Magistrate of First Class, Anaparthi, is hereby withdrawn and transferred to the VI Additional Judicial Magistrate of First Class, Guntur. The Judicial Magistrate of First Class, Anaparthi, shall transmit the case record in C.C.No.290 of 2024, to the VI Additional Judicial Magistrate of First Class, Guntur, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. ‘*»C- ^3# f ^ As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR To,

#1. The Judicial Magistrate of First Class, Anaparthi, East Godavari //TRUE COPY// SECTION OFFICER District.

#2. The VI Additional Judicial Magistrate of First Class, Guntur, Guntur District.

#3. One CC to Sri. Raja Reddy Koneti, Advocate [OPUC]

#4. One CC to Sri. K Venkatesh, Advocate [OPUC]

#5. Three CD Copies Stu HIGH COURT DATED:29/01/2025 ORDER TRCRLP.No.74 of 2024 !¥• S^AND^ 1 3 MAR 2025 X ^ ^ Current Section ^y. ALLOWING THE TRANSFER CRIMINAL PETITION