APHC010560722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 112/2024 Between: 1. SHAIK ABDUL SALEEM,, S/O. MEERA JILANI, AGED ABOUT 40 YEARS, R/O. PEDDA THURAKAPALEM VILLAGE, KESINENI PALLI PANCHAYATH, NARASARAOPET MANDAL, PALNADU DISTRICT. CELL NO.7207276372. ...PETITIONER AND 1. SHAIK ABDUL ALEEM, (BEING MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SHAIK SHAMEEM) SHAIK SHAMEEM, W/O.SHAIK ABDUL SALEEM, AGED ABOUT 36 YEARS. TEACHER, R/O. D.NO.9-150-11-1, MADEENA MASEED LANE, NIRMALA CONVENT ROAD, V.N. PURAM, PODILI VILLAGE AND MANDAL, PRAKASHAM DISTRICT. CELL-8985468088. 2. SHAIK ABDUL NAFI, (BEING MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SHAIK SHAMEEM) SHAIK SHAMEEM, W/O.SHAIK ABDUL SALEEM, AGED ABOUT 36 YEARS. TEACHER, R/O. D.NO.9-150-11-1, MADEENA MASEED LANE NIRMALA CONVENT ROAD, V.N. PURAM, PODILI VILLAGE AND MANDAL, PRAKASHAM DISTRICT. CELL-8985468088. 3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR ANDHRA PRADESH AT AMARAVATHI. ...RESPONDENT(S): may be pleased to withdraw M.C. No.21 of 2024 from the court of the Junior Civil Judge cum Judicial First Class Magistrate, Podili, Prakasam District and to the court of the Judicial First Classtransfer the same Magistrate Court, Narasaraopet, Guntur District (new Palnadu District) or to any competent court at Narasaraopet, Guntur District (new Palnadu District) and pass such IA NO: 1 OF 2024 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 may be pleased to dispense with the filing of certified copy of complaint in M.C. No.21 of 2024 in the court of the Junior Civil Judge cum Judicial First Class Magistrate Court, Podili, Prakasam District and acept xerox copy of the same in the Transfer Criminal Petition and pass such IA NO: 2 OF 2024 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 may be pleased to grant stay of all further proceedings including appearance of petitioner in M.C. No.21 of 2024 in the court of the Junior Civil Judge cum Judicial First Class Magistrate Court, Podili, Prakasam District pending disposal of Transfer Criminal Petition and pass such Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. INAKOLLU VENKATESWARLU 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The petitioner herein have filed the present petition under Section 407 of the Code of Criminal Procedure seeking for withdrawal of M.C.No.21 of 2024 on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Podili, Prakasam District and transfer the same to the Judicial Magistrate of First Class, Narasaraopet, Palnadu District, for trial. 2. The case of the petitioner in brief is as follows: I. The Petitioner got married to one Shaik Shameen on 21.06.2016 at Vivekananda Junior college, Podili Town & Mandal, Prakasam District as per the rites and customs. In view of the matrimonial disputes between both the parties, the mother of the respondent Nos.1 & 2 along with her children are staying at her parents’ house at Podili, Prakasam District. The petitioner pleaded that his wife had lodged a complaint before Podili Police Station, Prakasam District, under Sections 498-A and 506 IPC vide Cr.No.188 of 2022 and the same is numbered as C.C.No.376 of 2022, on the file of the Judicial First Class Magistrate-Cum-Junior Civil Judge, Podili, Prakasam District and the same is pending for adjudication. The petitioner further pleaded that the mother of the respondent Nos.1 & 2 had filed a case in O.S.No.87 of 2021, on the file of the Junior Civil Judge, Podili, under Section 26, Order 7, Rule 1 of C.P.C., r/w Section 34 of Specific Relief Act, 1963 and r/w Rule 123 of Law of Islamic Matrimonial Reliefs, seeking for dissolution of marriage and a Maintenance Case vide M.C.No.21 of 2024, on the file of the Junior Civil Judge, Podili-Cum-Judicial First Class Magistrate, Podili and the petitioner is attending the Court proceedings before the competent Courts at Podili. The petitioner further pleaded that he had filed G.W.O.P.No.565 of 2022, on the file of the Principal District Judge, Guntur and the same is made over to the learned XIII Additional District Judge Court, Narasaraopet and numbered as G.W.O.P.No.66 of 2022, under Sections 7 and 10 of the Guardian and Wards Act, 1890, seeking for the custody of the children. II. Learned counsel for the petitioner would contend that when the petitioner went to Podili to engage a counsel for attending the case proceedings in the Maintenance Case filed by the mother of the respondent Nos.1 & 2, upon the instigation of the brother-in-law of the petitioner, one Mr. Mulla Basha had attacked the petitioner. Alleging which, the petitioner had lodged a complaint before the Darsi Police Station under Sections 126(2), 118(1) r/w 3(5) of BNS vide Cr.No.274 of 2024 and the same is pending for investigation. The petitioner would further contend that the petitioner/husband is the resident of Narasarapet Mandal, Palnadu District and the distance in between Narasaraopet and Podili is approximately more than 100 Kms and that the petitioner/husband was constrained to file the present petition against the respondent/wife seeking withdrawal of M.C.No.21 of 2024 on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Podili, Prakasam District and transfer the same to the Judicial Magistrate of First Class, Narasaraopet, Palnadu District. 3. Heard Smt. T. V. Sri Devi, learned counsel for the petitioner and Sri Inakollu Venkateswarlu, learned counsel representing on behalf of respondent Nos.1 & 2 and perused the material available on record. 4. The material on record prima facie goes to show that, in view of the matrimonial disputes, the mother of the respondent Nos.1 & 2 has been residing separately along with her two (02) children aged about 9 & 7 years respectively at Podili. The mother of the respondent Nos.1 & 2 approached the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Podili, Prakasam District and filed a Maintenance Case vide M.C.No.21 of 2024, for seeking maintenance for the respondent Nos.1 & 2. 5. The contention of the mother of the respondent Nos.1 & 2 is that she claimed maintenance for her children, who are aged about 9 & 7 years respectively as stated supra and both are currently residing under the care and protection of the grandparents at Podili. It was also brought to the notice of this Court by the learned counsel for the respondents that the mother of the respondent Nos.1 & 2 herein is working as a Teacher and currently residing at Podili in her parents’ house in view of the protection of children aged about 9 & 7 years respectively who are depending upon the grandparents. 6. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha1 held as follows: “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.” 7. The material available on record reveals that another case i.e., C.C.No.376 of 2022 on the file of the Munisif Magistrate-cum-Junior Civil Judge, Podili, Prakasam District, is pending for adjudication against the petitioner herein. 8. On considering the ratio laid down in the aforesaid case law, since the respondents/minor children has sought maintenance who are aged about 9 & 7 years respectively and currently residing with the respondent under the care 1 2022 LiveLaw (SC) 627 and protection of the grandparents at Podili, Prakasam District, I do not find any merit and subsistence in the contentions taken by the petitioner and I am of the considered view that it is not a fit case, for seeking withdrawal of M.C.No.21 of 2024 on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Podili, Prakasam District and transfer the same to the Judicial Magistrate of First Class, Narasaraopet, Palnadu District, for trial and disposal and as such, the present Transfer Criminal Petition is liable to be dismissed as devoid of merits. 9. With the above observations, the Transfer Criminal Petition is dismissed. 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: 26.09.2025 CVD