APHC010490282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] MONDAY,THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 91/2025 Between: 1. MADHA SURYANARAYANA ALIAS SURESH, S/O GURUMURTHY, AGED 51 YEARS, OCC BUSINESS, R/O H. NO.4-2-1, PALAKONDA ROAD, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT. ...PETITIONER AND 1. MADHA RADHIKA, W/O SURYANARAYANA, AGED ABOUT 42 YEARS, OCC BUSINESS, R/O C/O POOSARLA VENKATA CHINNAYYA, SRIKANYA APARTMENT, 3RD FLOOR. BESIDE STATE BANK FO INDIA, 4 ROADS, JUNCTION, ANAKAPALLE, ANAKAPALLE DISTRICT. 2. MADHA VINEESHA, D/O SURYANARAYANA, AGED ABOUT 16 YEARS, R/O C/O POOSARLA VENKATA CHINNAYYA, SRIKANYA APARTMENT, 3RD FLOOR. BESIDE STATE BANK FO INDIA, 4 ROADS, JUNCTION, ANAKAPALLE, ANAKAPALLE DISTRICT. 2ND PETITIONER BEING MINOR REP. BY HER MOTHER 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., VELAGAPUDI, AMARAVATI. ...RESPONDENT(S): pleased to withdraw M.C. No.9 of 2025 filed by the Respondent on the file of the Hon’ble XI Metropolitan Magistrate at Anakapalli, Anakapalli District and to transfer the same to the court of I Additional Judicial Magistrate, Parvathipuram, Parvathipuram Manyam District Vizianagaram District) pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings in M.C. No. 09 of 2025 filed by the Respondent on the file of the Hon’ble XI Metropolitan Magistrate at Anakapalli District pending disposal of the above Tr.C.R.L.P. and pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. PANGI RAJU BABU 2. PUBLIC PROSECUTOR THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.91 of 2025 ORDER: The petitioner herein has filed the present petition under Section 407 of the Code of Criminal Procedure seeking for withdrawal of M.C.No.09 of 2025 on the file of the XI Metropolitan Magistrate, Anakapalli, and transfer the same to the I Additional Judicial Magistrate, Parvathipuram, Vizianagaram District, for trial and disposal of the same. 2. The case of the petitioner in brief is as follows: I. The petitioner is the husband of respondent No.1/wife and their marriage was solemnized on 03.05.2002, at Tadikonda, Nookayya Chetty Memorial Rotary Marriage Function Hall, New Colony, Anakapalli. During their wedlock, the petitioner/husband and respondent No.1/wife were blessed with two (2) children. Subsequently, due to matrimonial disputes between the spouses, the petitioner/husband and respondent No.1/wife have been living separately by mutual consent with the intervention and understanding of the elders. II. The petitioner/husband further pleaded that the respondent No.1/wife filed three (3) cases against the petitioner/husband viz., D.V.C.No.16 of 2013 on the file of the I Additional Civil Judge-cum-XI Additional Metropolitan Magistrate at Anakapalle, C.C.No.1187 of 2024 on the file of the Additional Junior Civil Judge- cum-XIII Additional Metropolitan Magistrate, Anakapalle and Maintenance Case vide M.C.No.9 of 2025 on the file of the XI Metropolitan Magistrate Court, Anakaplle, under Section 125 of Cr.P.C., seeking maintenance, all the aforesaid cases are pending for adjudication. III. The petitioner/husband further pleaded that he is suffering from serious health issues, as his legs have been infected, and one of his legs has been amputated, he is the only person residing in his house and is unable to move from one place to another without assistance and he is completely dependent on others. The petitioner/husband further pleaded that it is very difficult for him to travel and attend the case proceedings, which are being conducted at a distance of more than 150Kms from Parvathipuram to Anakapalli, on each and every adjournment, without any assistance. Hence, the petitioner/husband is constrained to file the present petition seeking withdrawal of M.C.No.09 of 2025 from the file of the XI Metropolitan Magistrate, Anakapalli, and transfer of the same to the I Additional Judicial Magistrate, Parvathipuram, Vizianagaram District, for trial and disposal. 3. Learned counsel for the petitioner submitted that the petitioner/husband is seeking transfer of the Maintenance Case vide M.C. No.9 of 2025, which is pending before the Court at Anakapalli, to the file of the I Additional Judicial Magistrate, Parvathipuram, Vizianagaram District, on the sole ground that he has been suffering from serious health issues. He further submitted that the petitioner’s legs have been infected and one of his legs has been amputated. In order to prove the same, the petitioner has also filed copies of digital photographs. 4. Learned counsel for the respondent submitted that there are no valid grounds in the petition filed by the petitioner and the present Transfer Criminal Petition may be dismissed. 5. Heard Sri B. Rama Shankara Rao, learned counsel for the petitioner and Sri Pangi Raju Babu, learned counsel for the respondent No.1 and perused the material available on record. 6. The material on record prima facie goes to show that the respondent No.1/wife filed a Maintenance Case vide M.C.No.9 of 2025 before the XI Metropolitan Magistrate Court, Anakaplle, seeking maintenance for herself and for her child aged about sixteen (16) years and they are currently residing in Anakapalle. 7. It is well settled that, in matrimonial cases, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. In the case on hand, the respondent No.1/wife filed three (3) cases against the petitioner/husband viz., D.V.C.No.16 of 2013, C.C.No.1187 of 2024 & M.C.No.9 of 2025, all the aforesaid cases are pending for adjudication before the competent Courts at Anakapalle. 8. For the aforesaid reasons, I do not find any merit on grounds for transferring the case from Anakapalle to Parvathipuram. Further, on considering the submissions made by the learned counsel for the petitioner that the petitioner/husband herein is suffering with health issues and on seeing the copies of the photographs filed by the petitioner, I am of the considered view that it is desirable to dispense with the personal appearance of the petitioner herein i.e., respondent in M.C.No.9 of 2025 on the file of the XI Metropolitan Magistrate Court, Anakaplle, “except on the days when his personal appearance is required as per law”. 9. The learned XI Metropolitan Magistrate Court, Anakaplle, is hereby directed not to insist for the personal appearance of the petitioner herein i.e., the respondent in M.C.No.9 of 2025, as long as his counsel is attending the Court proceedings and representing the case except on the days his cross-examination is required to be recorded or on any other day when his personal appearance is required as directed by the learned XI Metropolitan Magistrate Court, Anakaplle. 10. With these above observations, the Transfer Criminal Petition is disposed of. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 10.11.2025 CVD