I t APHC010402742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i 1. TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENUTHURUMALLI TRANSFER CRIMINAL PETITION Nn- GOPALA KRISHNA RAO 81 OF 2025 Between: Chintada Papayya, S/o Ch. Gaddayya as C.I.S.F Constable, Bhanoor, C.I.S.F Unit, Patancheru District, Telangana State, r Harischandrapuram Village, Kotabommali Mandal Aged about 35 years, working at present residing at his working place B.D.L Taluk, Hyderabad, Sangareddy Permanent resident of New Street, China Srikakulam District. ...Petitioner AND 1- The State of Andhra Pradesh Court of Andhra Pradesh, Amaravathi, Guntur District. Rep. by its Public Prosecutor High ...Respondent No.1 2. Chintada Anusha, W/o Ch. Papayya, Aged about 25 years. Household Backside of Vespa Showroom, Shram duties, R/o. D.No.7-8, Ramagedda, Srikakulam, Srikakulam Nagar, District, Permanent resident of Harischandrapuram Village, Kotabommali Mandal 3. Chintada Sri Dhatri, D/o. Papayya her mother, Chintada Anusha Srikakulam District. , Aged about 9 years, represented by W/o Ch. Papayya, Aged about 25 j Backside of Vespa Showroom, Srikakulam District, years. Household duties, R/o D.No.7-8, Shram Nagar, Ramagedda, Srikakulam f Permanent resident of Harischandrapuram Village Mandal, Srikakulam District. Kotabommali 4. Chintada Adarsh, S/o Papayya, Aged about 4 years, represented by his mother, Chintada Anusha, W/o Ch Papayya, Aged about 25 Household duties, R/o D.No.7-8, Backside of Vespa Showroom, Sriram Nagar, Ramagedda, Srikakuiam, Srikakuiam District, years. Permanent Kotabommali Mandal, resident of Harischandrapuram Village Srikakuiam District. ...Respondent Nos. 2 to 4 Petition Under Sections 407(6) of Cr.P.C and 447 of BNSS, praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer F.C.M.C No.56 of 2024 on the file of the Judge Family I to Judicial Magistrate of Court - cum - III Additional District Judge, Srikakuiam First Class at Kotabommali. lA NO: 1 OF 2n2fi Petition under Sections 407 (6) of Cr.P.C and 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 appearance of the petitioner in F.C.M.C No.56 of 2024 Judge, Family Court - Cum - III Additional District Judge, Srikakuiam, pending disposal of the above Criminal Petition. Counsel for the Petitioner: Sri Karre Satyanandam Counsel for Respondent No.1: The Public Prosecutor, Counsel for Respondent Nos. 2 to 4: - including the on the file of the Advocate High Court of A.P. The Court made the following order: THE HOM’BLE SR! JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIlVllNAL PETITION No.81 of 2025 ORDER: The petitioner/husband herein had filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for ‘short the B.N.S.S. Act’) seeking transfer of F.C.M.C.No.56 of 2024 on the file of the Judge Family Court-cum-lll Additional District Judge, Srikakulam, to the file of the Judicial Magistrate of First Class, at Kotabommali, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner/husband submitted that the marriage of the petitioner/husband and the respondent No.2 was performed at Harischandrapuram Village, Kotabommali Mandal, Srikakulam District, as per the Hindu Rites and Caste Customs. During their wed-lock, the petitioner/husband and the respondent No.2/wife were blessed with two (2) children aged about 10 & 5 years respectively and in view of the matrimonial disputes between both the parties, they are residing separately. The petitioner/husband further pleaded that he filed a petition i.e., H.M.O.P.No.72 of 2025 on the file of the Senior Civil Judge, Tekkali, under Secllon 9 of the Hindu Marriaae^Act, 2 VGKR, J Tr.Crl.P.No.81of2025 Date: 12.08.2025 1955, seeking restitution of conjugal rights and the pending for adjudication. II. The petitioner/husband further pleaded that the same is respondent No.2/wife filed a ^Maintenance Case vide F.C.M.C.No.56 of 2024 on the file of the Judge, Family Court-cum-lll Additional District Judge, Srikakulam, under Section 144 of B.N.S.S. Act, 2023, seeking monthly maintenance from petitioner/husband and the the is also pending for same adjudication. Ill- The petitioner/husband further pleaded that he has been working as a Constable in the Central Industrial Security Force (C.I.S.F.), at present residing C.I.S.F. Unit, Patancheruvu Taluk, Hyderabad difficult to him to travel to attend the in B.D.L. Bhanoor, and it is very case proceedings filed by the respondent No.2/wife, which is situated at a distance of more than 700Kms from Hyderabad to Srikakulam that the petitioner/husband is constrained to file this present petition seeking transfer of F.C.M.C.No.56 file of the Judge Family Court-cum-lll Judge, Srikakulam, to the file of the Judicial First Class, at Kotabommali. and of 2024 on the Additional District Magistrate of . r 3 VGKRJ Tr.CrI.P.No.Sl of 2025 Date: 12.08.2025 3. Heard Sri K. Satyanadam, learned learned Additional Public Prosecutor counsel for the petitioner representing on behalf of the respondent No.1/State and Sri P. Madhukar Reddy, learned representing respondent Nos.2 to 4 and counsel perused the material available on record. 4. The material available on record, the prima facie goes to show that the petitioner/husband is not residing at Kotabommali, Srikakulam District. The petitioner/husband is seeking transfer of the aforesaid Maintenance Case proceedings initiated at Srikakulam to the Court at Kotabommali. It is an admitted fact that the petitioner/husband is presently employed and working Constable in the Central Industrial Security Force (C.I.S.F.) and i currently residing at B.D.L. Bhanoor, C.I.S.F. Unit, Hyderabad Telangana State. as a IS 5. The material available on record further discloses that the respondent No.2/wife has instituted a Maintenance Case; vide F.C.M.C. No.56 of 2024 on the file of the Judge, Family Court-cum- III Additional District Judge, Srikakulam, under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) Act, 2023. In the said proceedings, the respondent No.2/wife is seeking monthly maintenance from the petitioner/husband for herself as well as for 4 VGKRJ Tr.Cri.P.No.81 of 2025 Date: 12.08.2025 respondent Nos.3 and 4, who are the minor children. It is specifically pleaded in the petition that the respondents are unable to maintain themselves and therefore, the respondent No.2/wife is constrained to initiate the said proceedings for claiming maintenance from the petitioner/husband. 6. As stated supra, the petitioner/husband seeks transfer of the case from Srikakulam to Kotabommali on the ground that, he is apprehending a life threat in the hands of his mother-in-law and her family members. However, it is admitted that no prima facie material has been placed on record to substantiate or to prove the alleged threat. The law is well settled that mere allegations of threat do not constitute sufficient ground for transfer of a case from one Court to another and such allegations cannot be entertained in the absence of credible and substantive evidence. 7. In view of the aforesaid reasons, I do not find any merits and subsistence in the contentions taken by the petitioner/husband and I am of the considered view that it is not a fit case to transfer F.C.M.C.No.56 of 2024 on the file of the Judge Family Court-cum-lll Additional District Judge, Srikakulam, to the file of the Judicial Magistrate of First Class, at Kotabommali and as such, the present IT— p . 5 VGKR, J Tr.Crl.P.No.81of2025 Date: 12.08.2025 Transfer Criminal Petition is liable to be dismissed as devoid of merits. 8. With the above observations, the Transfer Criminal Petition is dismissed at the stage of admission. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. \ ASSISTANTREctsTRAR \ SECTION OFFICER //TRUE COPY// To, 1. The Judge, Family Court - Srikakulam, Srikakulam District. 2. The Judicial Magistrate of First Class 3. One CC to Sri Karre Satyanandam 4. Two CC’s to the Public Prosecutor, 5. Two CD Copies cum Additional District Judge Kotabommali, Srikakulam District. Advocate [OPUC] High Court of A.P. [OUT] GPC NM i ' % HIGH COURT DATED: 12/08/2025 ORDER TRCRLP no. 81 OF 2025 M 2 SEP 2025 Ip ^^sXiirrent Sectiou,-^^ Co dismissing this transfer criminal petition at the stage of admission