■'V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV> WEDNESDAY. THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE ^■o 7i > :x is' PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI TRANSFER CRIMINAL PETITION NO: 98 OF 207d GOPALA KRISHNA RAO Between: Vallepu Derangula Lakshmi Krishna Veni, W/o. Aged about 31 Vallepu Narasimha Rao. Hindu, R/o. years, D/o. Derangula Ramanalah, Mandalam, Kambalapadu, Pothavaram, Prakasham District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi. 2. Vallepu Narasimha Rao, S/o.Srinu, Education Qualification; B.Sc., Hindu, aged about 29 R/o Door No.2-14-8/27/114, 3rd Lane Bhagya Nagar, Stambala Garuvu, Pattabhipuram Post, years Guntur -522006. ...Respondents Petition filed under section 447 of BNSS Act 407) Praying that in the circumstances 2023 (of Cr.P.C Section in the affidavit filed therewith the H,gh Court may be pleased to withdraw the C.C. No. 1265 of 2024 ' the file of the Hon'ble Court of Special Judicial - Mobile Court, Guntur and to transfer the Class Podili - Cum - Junior Civil on Magistrate of Class same to Judicial Magistrate of 1 Judge Court Podili, Prakasam District - cum St or any other competent Court. / l-A, NO: 1 OF 2024 Petition under Section 447 (6) r/w 528 of BNSS Act 2023 (under Section 407 (6) r/w Section 482 of 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. 1265 of 2024 on the of the Special Judicial Magistrate of 1^* Class - Cum - Mobile Court, Guntur, pending disposal of Transfer CrI.MP. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Velagani Narasimhulu, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri Vinod Kumar Pemmasani, Advocate for the Respondent No.2 The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.98 of 2024 ORDER: The petitioner herein have filed the present petition under Section 407 Code of Criminal Procedure seeking to withdraw C.C.No.1265 of 2024, the file of the Special Judicial Magistrate of I Class-Cum-Mobile Court, Guntur and transfer the same to the Judicial Magistrate of First Class-Cum- Junior Civil Judge Court, Podili, Prakasam District. of the on The case of the petitioner in brief is as follows: 2. I. The petitioner had lodged a complaint against the respondent No.2 and his family members on the pretest that they demanded for dowry and threatening her for additional dowry and a case in Cr.No.47 of 2024 was registered before the Disha Women Police Station, Guntur under Section 498-A I PC and under sections 3 & 4 of the Dowry prohibition Act, 1961 and later on charge sheet was also filed by the Police before the Judicial of First Class, Guntur. The petitioner further pleaded that she Magistrate along with her parents were shifted to Podili, Prakasam District and doing labour work for their livelihood and as such the petitioner is constrained to file the present transfer criminal petition seeking to withdraw C.C.No.1265 of 2024, on the file of the Special Judicial Magistrate of I Class-Cum-Mobile Court, Guntur and transfer the same to the Judicial Magistrate of First Class-Cum-Junior Civil Judge Court, Podili, Prakasam District % 2 3. Respondent has filed a counter affidavit and represented that there criminal petition filed by the petitioner. The are no grounds to consider the transfer cri learned Public Prosecutor representing on behalf of the State has represented is transferred from Guntur to Podili, personnel to produce the that if the case in C.C.No.1265 of 2024 Prakasam District, it is witnesses and accused before the Court very difficult for the Police- persons on each and every date of adjournment and that sought for criminal petition filed by the petitioner. concerned at Podili, Prakasam District dismissal of the present transfer cri 4. Heard Sri Prathiwada Varun Kumar, learned Public Prosecutor Vinod Kumar Pemmasani, learned the record. learned counsel for the petitioner, and Sri counsel for the respondent No.2. Perused representing for the respondent No. 1/State 5. The material on record prima facie shows that the the de-facto complainant in the aforesaid Criminal Case, Judicial Magistrate of I Class-Cum-Mobile Court, Guntur and her required only on the date of giving evidence before per the charge sheet filed by the Police is evident that all the witnesses who at Guntur Town. petitioner herein is before the Special presence is the Criminal Court and personnel in C.C.No.1265 of 2024, it are cited in the charge sheet are residing as 6. It is well settled that while the transfer of the the fact that the transfers considering the transfer of a Criminal Case, case has to be accepted in exceptional cases, considering may unnecessarily aspirations on the Slate Judiciary I 3 and the Prosecution Agency. The Apex Court in a case of Nahar Singh Yadav & Anr Vs Union of India & ors^ held as follows: “24.Thus, although no rigid and inflexible rule or test could be laid down to decide whether or not power under Section 406 of the Cr.P.C. should be exercised, it is manifest from a bare reading of sub-sections (2) and (3) of the said Section and on an analysis of the decisions of this Court that an order of transfer of trial is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about the proper conduct of a trial. This power has to be exercised cautiously and in exceptional situations, where it becomes necessary to do so to provide credibility to the trial. Some of the broad factors which could be kept in mind while considering an application for transfer of the trial are: (i) when it appears that the State machinery or prosecution is acting hand in glove with the accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of the prosecution; (ii) when there is material to show that the accused may influence the prosecution witnesses or cause physical harm to the complainant; (iii) comparative inconvenience and hardships likely to be caused to the accused, the complainant/the prosecution and the witnesses, besides the burden to be borne by the State Exchequer in making payment of travelling and other expenses of the official and non-official witnesses; (iv) a communally surcharged atmosphere, indicating some proof of inability of holding fair and impartial trial because of the accusations made and the nature of the crime committed by the accused; and (v) existence of some material from which it can be inferred that the some persons hostile that they are interfering or are likely to interfere either directly or indirectly with the course of justice.” are so 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 law that while transferring a Criminal Case, the transfer of the case has 7. " 2011 (1) see 307 4 to be accepted in exceptional cases, considering the fact that the transfers pnay unnecessarily aspirations on the State Judiciary and the Prosecution /agency. 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. With the above observations, the Transfer Criminal Petition is dismissed. There shall be no order as to costs. 8. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SI5SJ40N OFFICER 1. The Special Judicial Magistrate of 1®* Class - cum - Mobile Court: Guntur, Guntur District. 2. The Judicial Magistrate of 1®‘ Class Podili - Cum - Junior Civil Judge Court Podili, Prakasam District. 3. The Station House Officer, Guntur Disha Women’s Police Station, Guntur District. 4. One CC to Sri Velagani Narasimhulu, Advocate [OPUC] 5. One CC to Sri Vinod Kumar Pemmasani, Advocate [OPUC] 6. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 7. Three CD Copies To, at SAM sree HIGH COURT DATED:19/03/2025 ORDER TRCRLP.No.98 of 2024 •STaSBH^ = 0 3 APR 2025 t .C9. &^ Curreni Secwon SJo£spATC\^ Wc-^ -Wt dismissing the trcrlp