APHC010335452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3397] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION NO: 48/2025 Between: 1.SHAIK SHIREEN FARHAT, AGED 27,W O SYED KHADHER R O 7 20 1,MUSLIM STREET,KASIM KOTA,ANAKAPALLI DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP BY PUBLIC PROSECUTOR, A,P, HIGH COURT AMARAVATHI. 2.SYED KHADHER, S/0 SYED MOHAMMED RAFI D.NO 9/479, RANGANAYAKULA PETA, RIY KODURU , ANDHRA PRADESH. 3.SYED NOOR JAHAN, W/O SYED MOHAMMED RAFI D.NO 9/479, RANGANAYAKULA PETA, RIY KODURU , ANDHRA PRADESH. 4.MOHAMMED RAFI, S/OSADULA SAHEB, D.NO 9/479, RANGANAYAKULA PETA, RIY KODURU , ANDHRA PRADESH. ...RESPONDENT(S): pleased to transfer C.C.No.280 2022 on The file of the Honble JFCM Railway koduru To The Honble JFCM anakapalli and to pass Counsel for the Petitioner: 1.B R S KALYAN REDDY Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.48 of 2025 ORDER: The petitioner herein filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita Act, 2023, seeking transfer of C.C.No.280 of 2022 on the file of the Judicial Magistrate of First Class, Railway Koduru, to the file of the Judicial Magistrate of First Class Anakapalli, for trial and disposal of the same. 2. The case of the petitioner in brief is as follows: I. The petitioner is the de-facto complainant in Crime No.130 of 2022, registered at Railway Koduru Police Station. It is further submitted that Respondent Nos.1 to 3 are the accused persons, facing trial for the offences punishable under Sections 498-A of I.P.C and Sections 3 & 4 of the Dowry Prohibition Act, 1961. The Police authorities, after completion of investigation, laid a charge sheet; the same was numbered as C.C.No.280 of 2022 on the file of the Judicial Magistrate of First Class, Railway Koduru. II. It is pleaded that due to the matrimonial disputes between the spouses, the petitioner/wife herein is residing separately in her parents’ house along with her children at Anakapalli. The distance between Anakapalli and Railway Koduru is approximately 200Kms and it is very difficult for her to travel to attend the case proceedings before the Court at Railway Koduru without any male assistance and that she was constrained to file the present petition, seeking transfer of seeking transfer of C.C.No.280 of 2022 on the file of the Judicial Magistrate of First Class, Railway Koduru, to the file of the Judicial Magistrate of First Class Anakapalli, for trial and disposal of the same. 3. Learned Assistant Public Prosecutor, appearing on behalf of respondent No.1/State submitted that all the witnesses cited in the charge sheet are residing within the jurisdiction of Judicial Magistrate of First Class, Railway Koduru. He further submitted that the petitioner/wife herein is the de- facto complainant and there are no merits in the petition and the present Transfer Criminal Petition may be dismissed. 4. Heard Mr. B.R.S. Kalyan Reddy, learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1/State. 5. Perused the material available on record. 6. As seen from the material available on record, the petitioner herein is the de-facto complainant in Crime No.130 of 2022 which was registered before the Railway Koduru Police Station, after completion of investigation, Police laid a charge sheet and the same was numbered as C.C.No.280 of 2022 has been instituted before the Judicial Magistrate of First Class, Railway Koduru and the same is pending for adjudication. 7. Learned counsel for the petitioner and Learned Assistant Public Prosecutor appearing on behalf respondent No.1/State submitted that the trial has not been commenced so far, by the learned Judicial Magistrate of First Class, Railway Koduru. 8. In a transfer of Criminal Case, the law is well settled that the convenience of witnesses has to be taken into consideration than that of the inconvenience caused to the accused. The appearance of the petitioner herein in the said C.C.No.280 of 2022, is required only on one occasion before the trial Court, that too on the date of giving evidence. 9. On hearing learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1/State, since the matter pertains to the year 2022 and there is no progress before the learned Judicial Magistrate of First Class, Railway Koduru, and the matter has been stalled for more than four (04) years, therefore, I am of considered view that it is desirable to direct the learned Judicial Magistrate of First Class, Railway Koduru, to dispose of the said C.C.No.280 of 2022 on merits within a period of six (06) months from the date of receipt of the copy of order and send the compliance report to the Registrar (Judicial). 10. 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: 21.01.2026 CVD/JLSR