IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.35 of 2025 Between: Shaik Tahseen, W/o. Nawazuddin Mohammed Khaja, D/o. Dr.S. Abdul Khadhar, Age 37 years, Occ: House Wife, R/o. Flat No.A-4, 4*'' Floor, 13-7-357, Harinadha Vista, Krishna Nagar, 5*^ Line, Guntur Town, Guntur District. ...Petitioner/Defacto Complainant AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. Mohammad Khaja Nawazuddin, S/o Dr. Mohammad Khaja Hameeduddin, Age 39 years, occupation; Private Employee, R/o H.No.80, 1®* Main, 1®* Cross, Dharmana Garden, Dinnur main road, R.T. nagar. Bangalore City of Karnataka State. 3- Dr. Mohammad Khaja Hameeduddin, S/o. late Md. Azizuddin, Age 69 years, Occ; Doctor, R/o. H.No.80, 1®* Main, Cross, Dharmana Garden, Dinnur main road, R.T. Nagar, Bangalore City of Karnataka State. 4. Haseena Hamid, W/o Dr. Md.Khaja Hameeduddin, Age 66 years, Occ; House Wife, R/o. H.No.80, 1®* Main, 1®* Cross, Dharmana Garden, Dinnur Main Road, R.T. nagar. Bangalore City of Karnataka State. 5. Mohammad Khaja Gayasuddin, S/o Dr. M.K.Hameeduddin, Age 40 years, Occ; Doctor, R/o H.No.80, 1®* Main, 1®* Cross, Dharmana Garden, Dinnur Main Road, R.T. Nagar, Bangalore City of Karnataka State. ...Respondents/A1 to A4 Transfer Criminal Petition filed under Section 447 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to transfer of P.R.C.No.14 of 2022 pending on the file of the 1®* Additional Junior Civil Judge Court, Kurnool to the file of any competent court in Guntur District. I.A. NO: 1 OF 2025 Petition under Section 447(6) of BNSS 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 including appearance of petitioner in P.R.C.No.14 of 2022 pending on the file of the 1®* Additional Junior Civil Judge Court, Kurnool, pending disposal of this transfer petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Ms. R Sudha Rani, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent Nos.2 to 5. The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.35 of 2025 ORDER: The petitioner herein has filed the present petition under Section 447 of B.N.S.S., Act, 2023, seeking transfer of P.R.C.No.14 of 2022 on the file of the I Additional Junior Civil Judge, Kurnool, to the any competent Court in Guntur District. The case of the petitioner as per his affidavit in brief is as 2. follows: The petitioner has submitted that she lodged a complaint I. before the Station House Officer, Mahila Police Station, Kurnool, on 17-09-2019, alleging that the 2^^^^ respondent, being her husband. had assaulted her and threatened to kill her while demanding additional dowry. She also alleged that respondent Nos. 3 to 5, being his parents and younger brother, has harassed her. Based on the said complaint, a case was registered vide Crime No. 51 of 2019 for the offences under Sections 498-A, 307, and 506 read with 34 IPC, Sections 4 and 6 of the Dowry Prohibition Act, 1961, and under Sections 85, 109, 351, and 3(5) of the Bharatiya Nyaya Sanhita Act, 2023 (for short ‘the BNS’) against the respondent No.2 and his family members. After completion of the investigation, a charge sheet was filed for the same offences, and 2 the matter was taken on the file as P.R.C.No.14 of 2022, by the Judicial Magistrate of First Class, Kurnool and the case is currently pending for committal to the Principal District and Sessions Court Kurnool. II. The petitioner has further submitted that the 2^^ respondent has settled in Abu Dhabi by virtue of his employment. The Station House Officer, Mahila Police Station filed a charge sheet against respondents 2 to 5, showing the 2nd respondent is absconding. Consequently, the Judicial Magistrate of First Class, Kurnool, after assigning the case number as P.R.C. No. 14 of 2022, issued a Non-Bailable Warrant (NBW) against the 2'^^ respondent. Despite repeated requests made by the petitioner, the police did not take any effective steps to execute the NBW against the 2'^'^ respondent even after a Look Out Circular (LOC) had been issued. The said Court then directed the Regional Passport Officer, Bengaluru, to revoke the passport of the 2"'* respondent, and accordingly, on 25- 03-2024, the concerned authority revoked the 2*^^ respondent's passport through official proceedings. III. The petitioner has submitted that she and the 2'^'^ respondent were blessed with a female child named Owaisa Fatima, aged about 6 years. She further stated that the 2"^ respondent, without any valid reason, deserted her and their minor daughter, and has 3 failed to provide any maintenance as ordered by the Court. The petitioner's mother, by name Smt. Nazimunnisa Begum, passed away on 20-12-2024. Since then, the petitioner and her daughter have been residing with her father, who is a retired employee. The petitioner also has a younger brother, by name Ahmed Ali Zulflquar^ aged about 34 years, who is unmarried. The entire family is dependent on the pension of the petitioner's father. In view of these circumstances, the petitioner has submitted that it is financially and physically burdensome for her to travel from Guntur to Kurnool along with her minor child, by incurring heavy expenses. Therefore she has filed the present transfer petition, seeking transfer of P.R.C.No.14 of 2022 on the file of the I Additional Junior Civil Judge, Kurnool, to the any competent Court in Guntur District. Heard Sri Sunkara Charan, learned counsel appearing on 3. behalf of Smt. R. Sudha Rani, learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of respondent No. 1/State. As seen from the material on record, on the complaint lodged 4. by the petitioner, the Station House Officer, Women Police Station Kurnool, registered a case in Crime No.61 of 2019, under Sections 498-A, 307 & 506 r/w 34 of I.P.C. and Section 4 & 6 of Dowry Probi^tion Act, 1961. After completion of investigation, the Police 4 laid a charge sheet and the same was numbered vide P.R.C.No.14 of 2022, before the Judicial Magistrate of First Class, Kurnool. The grounds urged by the petitioner for seeking transfer of P.R.C.No.14 of 2022, which is pending on the file of the Judicial 5. Magistrate of First Class, Kurnool, to any other competent Court at Guntur District is that the petitioner is having an old age father and she is unable to maintain herself and it is also very difficult to her to travel from Guntur to Kurnool to attend the Court proceedings in the said case i.e., P.R.C.No.14 of 2022, which is pending before the Judicial Magistrate of First Class, Kurnool. 6. The petitioner herein is the de-facto complainant, therefore. the appearance of the petitioner before the Judicial Magistrate of First Class, Kurnool, in P.R.C.No.14 of 2022, at the stage of the committal to Sessions Court does not arise and the learned Public Prosecutor of that Court has to attend the case proceedings before committal of the case to sessions Court. 7. In view of the aforesaid reasons, I do not find any merits and subsistence in the contentions taken by the petitioner and I am of the considered view that it is not a fit case to transfer the case in P.R.C.No.14 of 2022 on the file of the Judicial Magistrate of First Class, Kurnool, to any other competent Court in Guntur District and y / 5 8. With the above observations, the Transfer Criminal Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR 0 //TRUE COPY// SECTION OFFICER 1. The 1®* Additional Junior Civil Judge Court, Kurnool, Kurnool District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 3. One CC to Ms. R Sudha Rani, Advocate [OPUC] 4. Three CD Copies To TK sree HIGH COURT DATED: 18/06/2025 ORDER TRCRLP.No.35 of 2025 ^ 2 ^ SEP 2025 p SectjgtLX^'^ mi P>» DISMISSING THE TRANSFER CRIMINAL PETITION WITHOUT COSTS