IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY NINETH DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.45 of 2024 Between: 1. Thamalampudi Mahesh Reddy, S/o. Venkata Satyanarayana Reddy, Age 36 years, Occ; Private Employee, R/o. D.No.6-68/1, Canal Road, Anaparthi Village and Mandal, East Godavari District. 2. Thamalampudi Venkata Satyanarayana Reddy, S/o. Late Veerreddy, Age 65 years, Occ; Cultivation, R/o. D.No.6-68/1, Canal Road, Anaparthi Village and Mandal, East Godavari District. 3. Thamalampudi Vijaya Lakshmi, W/o. Venkata Satyanarayana Reddy, Age 58 years, Occ: Cultivation, R/o. D.No.6-68/1 Anaparthi Village and Mandal, East Godavari District. Canal Road, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by Sub Inspector of Police, Vinukonda Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. Thamalampudi Ashwini, W/o. Thamalampudi Mahesh Reddy, Age 30 years, R/o. D.No.1-232, Opposite Ramalayam Temple, Vittam Rajupalli Village, Vinukonda Mandal, Palanadu District. ...Respondents Transfer Criminal Petition filed under Section 407 of Cr.P.C R/w 482 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 transfer the D.V.C.No.4/2023 on the file of Judicial First Class Magistrate Court, Vinukonda, Guntur District to the Court of Judicial First Class Magistrate at Ramachandrapuram, East Godavari District or to any other JFCM Court in East Godavari District. I.A. NO: 1 OF 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 all further proceedings in D.V.C.No.4/2023 on the file of JFCM Court at Vinukonda, Guntur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K Venkatesh, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of Sri Raja Reddy Koneti, Advocate for the Respondent No.2. The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.45 of 2024 ORDER: The petitioner herein have filed the present petition under Section 407 of the Code of Criminal Procedure seeking to transfer D.V,C.No.4 of 2023 on the file of the Judicial First Class Magistrate Court, Vinukonda, Guntur District to the Court of Judicial First Class Magistrate at Ramachandrapuram, East Godavari District or to any other JFCM Court in East Godavari District. 2. The case of the petitioner in brief is as follows: I. The marriage of the petitioner No.1 and the respondent No.2 has been performed at Tirupati on 28.03.2018. Due to matrimonial disputes between both the parties, they are residing separately. The petitioner No.1 further pleaded that the respondent No.2/wife has lodged a false complaint vide FIR No.82 of 2022 before the Vinukonda Police Station under Section 498(A) IPC and under Sections 3 & 4 of the Dowry Prohibition Act against the petitioners. Thereafter, the same was numbered as C.C.No.288 of 2022 on the file of the Judicial First Class Magistrate at Vinukonda, Guntur District. The petitioner No.1 further pleaded that he had filed FI.M.O.P.No.93 of 2022, on the file of the Senior Civil Judge 2 Court, Ramachandrapuram, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage and the same is pending for adjudication. The petitioners further pleaded that they had filed Crl.P.No.7424 of 2022, before this Court seeking quashment of the proceedings in C.C.No.288 of 2022 on the file of Judicial First Class Magistrate, Vinukonda, wherein this Court vide its order dated 16.12.2022 has dispensed with the appearance of the the petitioner Nos.2 and 3. Thereafter, due to some altercation between the father of the respondent No.2 and petitioner No.2, a case in Cr.No.73 of 2022, before Anaparthi Police Station, was registered against the father of the respondent No.2 and the same is numbered as C.C.No.290 of 2024, on the file of the Judicial First Class Magistrate Anaparthi, East Godavari District. II. Thereafter, on 03.05.2024, when the petitioner Nos.1 and 2 attended the Court proceedings in C.C.No.288 of 2022 and came out, the father of the respondent No.2 and his supporters attacked the petitioner Nos.1 and 2 with sticks and caused injuries. Alleging the same the petitioners had 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, to cause inconvenience to the petitioner, the 3 respondent No.2 had filed a Maintenance Case vide M.C.No.6 of 2023 and a Domestic Violence Case vide D.V.C.No.4 of 2023, on the file of Judicial Magistrate of First Class Court, Vinukonda against the petitioners. Due to threat from the father of the respondent No.2 and his associates the petitioners were constrained to file the present transfer Criminal Petition seeking to transfer D.V.C.No.4 of 2023 on the file of the Judicial First Class Magistrate Court Vinukonda, Guntur District to the Court of Judicial First Class Magistrate at Ramachandrapuram, East Godavari District or to any other JFCM Court in East Godavari District. 3. Heard Sri K.Venkatesh, learned counsel for the petitioner learned Public Prosecutor representing on behalf of the State and Sri Raja Reddy Koneti, learned counsel representing respondent No.2 and perused the record. 4. During the course of the hearing, learned counsel for the respondent No.2 has opposed the transfer of D.V.C.No.4 of 2023 on the file of the Judicial First Class Magistrate Court, Vinukonda Guntur Disitrict to the Court of Judicial First Class Magistrate at Ramachandrapuram, East Godavari District or to any other JFCM Court in East Godavari District and represented that there are no considerable grounds to consider the request made by the 4 petitioner and requested to dismiss the present Transfer Criminal Petition. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA \ held by considering the fact that “if a wife does not have sufficient funds to visit the place v/here the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.” 5. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha^ held as follows: 6. “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. ” The law is well settled that mere threat is not a ground for seeking transfer of case from one place to another place and in the case on hand, it is observed that admittedly, in matrimonial 7. (2000) 10 see 304 ^ 2022 LiveLaw (SC) 627 % 5 proceedings, the convenience of the wife has to be considered than that of the inconvenience of the husband and on considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws in matrimonial cases particularly in Maintenance Cases, the request of the petitioner/husband cannot be considered. In view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioner and as such the present Transfer Criminal Petition is liable to be dismissed as devoid of merit. 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 //TRUE COPY// SECTION OFFICER To 1. The Judicial First Class Magistrate Court, Vinukonda, Guntur District. 2. The Station House Officer, Vinukonda Police Station, Guntur District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Sri K Venkatesh, Advocate [OPUC] 5. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 6. Three CD Copies TK sree V HIGH COURT DATED:29/01/2025 ORDER TRCRLP.No.45 of 2024 /s * 0 5 MAR 20?5 „ ^ . Current Section DISMISSING THE TRANSFER CRIMINAL PETITION WITHOUT COSTS