The High Court · 2025

Petition under Section 447 of BI{SS praying that in the circumstances stated in the Memorandum of Grounds of Transfer Criminal petition, the High court may be preased to withdraw the c.c.No.200323 0f 2015 0n the fire Prl Junior civir Judge-cum-Judrciar Magistrate of First crass at Huzurabad and transfer the same to Honourable Judge, Family Court at Ranga Reddy at L.B.iriagar. ..-f li. i.A NO: 10F 2024 Petition under Section 407 (6) of C stated in the affidavit filed in support of ;";."a to stay the c C.No 2oo323 of 2 Cum-Judicial Magistrate of First Class at ]rog", r,*irv Court at Ranga Reddy at Tr.Cr.P rPC praying that in the circumstances ',n"'o.i,,on, the High Court may be 015 on the file Prl Junior Civil Judge- Hurr,rab"d and to transfe!'the same to L.B.Nagar, pending disposal of above Counsel for the Petitioner(s): Sri lzad Begum Md counsel for the Responcient No1: Xlrtffi;iiXl'llil;J*'"' The Court made the following Order:- THE HONOIVOURABLE RC RI ORDER: SRI JUSTICE J. SREENIVAS RAO PETTTTON No. 124 of 2024 This transfer criminai petition is filed u: Magistrate of nder section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), by the petitioner seeking to withdraw C.C.No.200323 of 2O15 on the file of the principal Junior Civil Judge_cum_Judicial First Class, Huzurabad, and transfer the same to the Judge, Family Court, Ranga Reddy at L.B. Nagar. 2. Facts giving rise to fiIing of this transfer criminal petition briefly stated are that the petitioner married respondent No.2 nine yea-rs back and they having one baby girl. Thereafter, them. Respondent No.2 lodged a Police Station. complaint on 04.06.2013 before Jammikunta Basing on the said complaint, Crime No.166 of 2023 was registered for the offences under Section 498-4, of the Indian Penal Code, 1g60 and Sections 3 and 4 of the Dowry prohibition Act, 1961. The Investigating Oflicer after conducting investigation filed charge sheet and the same was numbered as C.C.No.2OO323 of 20 15 on the file of the principal Junior Civil Judge_cum_ Judicia_l Magistrate of First Class, Huzurabad and the same was disputes arose between I I l i i 2 ..t:, taken cognizance and the said matter is coming up for trial At that stage, the petitioner filed' the present transfer criminal petition seeking transfer of C'C'No'200 323 of 2Ot5 on the ground that whenever the petitioner attending the Court as well as to an extent of visiting the land covered by Sy'No'118 lctBll Ac.1.O4 gts , respondent No'2 and her famiiy members are trying to attack the petitioner and the petitioner is having life threat' 3. Heard Mr' B- Rakesh Kumar' learned counsel appearing for the petitioner, and Mr' Syed Yasar Mamoon' learned Additional Public Prosecutor appearing for respondent No'1' In spite of service of notice, respondent No'2 has not chosen to enter appearance 4 Learned counsel for the petitioner submrtted that whenever the petitioner attend'ing the Court and also visiting his land in Sy.No.l lBlClB/1, respondent No'2 and her family members are trying to attack him and he is having life threat in their hands' The petitioner also lodged a complaint before the Huzurabad Police Station by dialing 100' However' they have not registered any crirne. Ir c.c.No.2oo323 of 2015 is transferred from the ltle of the Principal Junior Civil Judge-cum-Judicial Magistrate of J First Class, Huzurabad, to the Judge, Family Court, Ranga Reddy at L.B. Nagar, no prejudice would be caused to respondent No.2.

5. Per corutra, learned Additional Public Prosecutor submitted that at no point of time, the petitioner lodged complaint against respondent No.2 or to her family members. Hence, the petitioner is not entitled to seek transfer of C.C.No.200323 of 2O 15 from the hle of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Huzurabad, to the Judge, Family Court, Ranga Reddy at L.B. Nagar.

6. Learned counsel for the petitioner by way of reply requested the Court to dispense with the presence of the petitioner in C.C.No.20O323 of 2O 1 5.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that C.C.No.200323 of 2015 is pending before the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Huzurabad, since 2O15. Even according to the e-Court case status, the trial has commenced in the month of February

2024. The petitioner has not placed any other material that he lodged a complaint against respondent No.2 or to her family 4 .: .1. :li members about the alleged life threat against him. During the course of hearing, learned counsel for the petitioner submitted that respondent No.2 filed suit claiming rights in respect of the property covered by Sy.No. 1 18 lC /B I 1 before the Principal Junior Civil Judge, Huzurabad, and the said case is pending. B. Taking into consideration the facts and circumstances of the case, especialiy respondent No.2 hled civil case before the Principal Junior Civil Judge, Huzurabad and respondent No.2 being a woman, this Court is not inclined to transfer C.C.No.200323 of 2015 from the frle of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Huzurabad, to the Judge, Famlly Court, Ranga Reddy at L.B. Nagar. However, the presence of the petitioner before the trial Court is dispensed with, unless his presence is specihcally required during the course of trial, subject to the condition of the petitioner being represented by his counsel on every date of hearing. In case of non- appearance of the petitioner on the specific date so fixed by the trial Court for his appearance, the trial Court is entitled to proceed with the matter in accordance with law.

9. With the above directions, the transfer criminal petition is disposed of 5 Miscellaneous applications, pending if any, shall stand closed I To, //TRUE COPY// DU'. IVIUHU.IDIYIAIL DEPUTY REGISTRAR MSEC FFICER '1 . The Principal Junior Civil J udge-cum-J udicial Magistrate of First Class at Huzurabad.

2. The Station House Officer, Jammikunta P.S., Karimnagar District 3. Two CCs to the Putriic Prosecutor, Higir Couii for the State of Teiairgatla, Hyderabad [OUT]. 4 One CC to Sri lzad Begum Md, Advocate IOPUC] 5 Two CD Copies VC/PSL r HIGH COiJRT DATED:16t04t2025 \\ .or' i :i 11 stP 2$5 D F5:.11r : , it--Q L -a* ORDER TRCRLP.No.124 of 2024 DISPOSING OF THE TRCRLP. g /z /,/g ./-1 9