'1 . Aneesa Begum v. The State of Telangana

...Responde nts Petition under Section 407 of Cr.P.C praying that in the Circumstances stated in the memorandum of Grounds of Transfer Criminal Petition, the High Court may be pleased to direct Special J^udicial -First Class (Excise) lVagistrate at Karimnagar to withdraw CC.No.421 of 2022 and transfer the same to Xlll ldditional Chief Metropolitan Magistrate, at Hyderabad. l.A. NO: 1OF 2024 Petition under Section 407(6) Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in CC.No.421 of 2022 on the file of Special Judicial First Class (Excise) Magistrate at Karimnagar in the interest of justice. Counsel for the Petitioner: SRI M.A.K. MUKHEED Counsel for the Respondents: SRI SYED YASAR MAMOON ) ADDITIONAL PUBLIC PROSECUTOR The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J. SREENT\IAS RAO TRANSFER CRIMINAL PETITION No.56 of 2024 ORDER This transfer criminal petition is hled undcr Section 4O7 of the Code of CriminaI Proccdure, 1973, seeking to u.ithdraw C.C.No.421 ol 2022 from tl-re file of the Special Judicial First Class (Excise) Mzrgistrate at Karimnagar and transfer the same to the XIII Additional Chief Mctropolitan Magistrate Court at l{yderabad.

2. I{eard Mr. T. Laxmi Narayana, Iearned counsel, representing, Mr. M.A.K. Mukheed, lcarncd counsel for the potitioners, and Mr. S_l-ed Yasar Mamoon, Iearned Additional public prosecutor appearing for respondent No.l State.

3. I-earned counscl lbr the petitioners submitlcd that pursuant to the order dated 03.06.2024, he sent personal notice to respondent No.2 by way ol' registered post with itr:knowledgment duc and thc same rvas rcLurned with a poslal 'insufficient addrcss', rhough he sent notice to endorsement the address mentioned in the First Information Report and Chargc Sheet.

4. He further submitted that the petitioners are resident of Anandape t, Guntur District, Andhra pradesh. petitioner No.1 is a house-wife, petitioner No.2 is aged about 70 years :rnd petitioner Nos.3 and 4 arc doing business and it is very much difficult for 2 thcm to travel from Guntur to Karimnagar on each and every adjournment to prosecute the proceedings in C'C No 42l ot 2022' lf the case is transferred to the Court of the XIII Additional Chief prejudice would be Metropolitan Magistrate at Hyderabad, no . caused to the respondents.

5. Per contra, Iearned Additional Public Prosecutor submitted lhat basing upon the complaint lodged by respondent No'2' Crime No.94 of 2O2 I was registered by thc Womcn Police Station' Karimnagar, for the offences under Sections 498-A and 42O of the Indian Penal Code, 1860 and Scctrot't 4 ol the Dou'ry Prohibition Act, 1961, against the petitioners and accused No l' who is thc husband of respondent No'2' 'lhc lnvestigating Ofircer after conducting investigation and recorcling the statemcnts of LWs l to 9 frled the Charge Sheet and thc conccrned Court has taken cognizance and numbercd 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, ancl on behalf of respondent No.2, respondent No.l-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 lf C'C'No'421 of 2022 is transferred from Karimnagar to XIII Additional Chief I i I J Metropolitan Magistratc at Hydcrabad, it is verv difllcult to prosecute thc proceedings

6. Learnr:d counscl lbr thc petitioners b5r way ol reply rcquested thc Court [o dispt'nsc u,ith the prcsence of petitioner Nos.l, 2 and 4 in C.C. No.4') 1 ol 2022 and petitioner No.3 will appear before the trial Court on each and evcry adjournment. l,earnt'd Additional l)ublic Prosecutor has not opposed the

8. In vierv ol the subnrissions made by Lhe re:spcctive partics, this Court u,ithor-rt r:xprcssing any view on the mr:rits of the case. the prescncc of pctitioncr Nos.1,2 and 4 beforc thc trial Court is dispensed q,ith, unlcss (hcir prescnce is specificalh, r-equired during thc course ol rrii.rl. sultjcr:t to thr: condition of pcritioner Nos.1, 2 and 4 being reprcst--ntcri lty their coullsel on even date of hcaring. However, pe titioncr No.3 shall appear before the trial Court. [n case of non-ilppearance of pctitioncr Nos. 1, 2 and 4 on the specific date so {-ixed by the trial Court lor their appearancc, the trial Court is entitled to proceed rvittr thc matter in accordance u,ith law. Further, the lriirl Oourt is dirccted to conduct trial and disposal of C.C.No.42 I of 2022, as carlicr as possible. 4 \,

9. With the above directions, Lransfer criminal petition 1S disposed of. Miscellaneous applications, pcnding if any, shall stand closed To, //TRUE COPY// Sd/. B. REKHA RANI SISTANT REGISTRAR SECTION OFFICER 1 2 3 4 q The Special Judicial First Class (Excise) Magistr The Station House Officer, WPS Police Station, Kari Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUII One CC to Sri M.A.K.lvlukheed, Advocate [OPUC] Two CD Copies at Karimangar mnagar. NVBikam HIGH COURT DATED:0510812025 o \ * HE S l'A 12 AU$ ?025 C) * l:/ ORDER TRCRLP.No.56 of 2024 DISPOSING THE TRANSFER CRIMINAL PETITION i l i l $ 1V