THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.53 of 2025 ORDER: The petitioners filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS, 2023.’), seeking to withdraw the D.V.C.No.67 of 2024, on the file of the learned VI Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District and transfer the same to the file of learned Additional Judicial Magistrate of First Class, Chirala, Prakasam District, for trial and disposal. 3. Heard the learned counsel for the petitioners on record. 4. Though notice is served on the learned counsel appearing for the respondent Nos.2 to 4 before the trial Court, none appeared for the respondent Nos.2 to 4. 5. Learned counsel for the petitioners would contend that the 1st petitioner is the husband of the respondent No.2 herein i.e., petitioner in D.V.C.No.67 of 2024, 2nd and 3rd petitioners are the parents of the 1st petitioner and 4th petitioner is the younger brother of the 1st petitioner and they are currently residing at Chirala, the 1st petitioner is working as a constable in West Bengal and that it is very difficult to the 1st petitioner and others to appear before the Court at Rajamahendravaram. 6. Learned counsel for the petitioners brought to the notice of this Court that respondent No.2 herein filed a maintenance case vide M.C.No.16 of 2025, 2 on the file of learned IV Additional Judicial First Class Magistrate, Rajamahendravaram and the same is pending for adjudication. 7. Perused the material available on record. 8. The material on record prima facie goes to show that respondent Nos. 2 to 4 herein/petitioners in D.V.C. No. 67 of 2024 are currently staying at Rajamahendravaram. Learned counsel for the petitioners contended that the respondent Nos.2 to 4 are residing at Chirala but not at Rajamahendravaram. The petitioners herein failed to produce any prima facie proof that the respondent Nos.2 to 4 are staying at Chirala. Since the 2nd respondent is staying at Rajamahendravaram along with two male children, who are aged about four years and 20 months, respectively, I am of the considered view that, it is not desirable to transfer the D.V.C. No. 67 of 2024, from the file of the learned VI Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District, to the file of learned Additional Judicial Magistrate of First Class, Chirala, Prakasam District. 9. On considering the aforesaid facts and circumstances, and also considering the fact that the 1st petitioner is working as a constable in West Bengal, the 2nd and 3rd petitioners are the parents of the 1st petitioner, and the 4th petitioner is the younger brother of the 1st petitioner, and their presence before the learned VI Additional Judicial First Class Magistrate, Rajamahendravaram in D.V.C.No.69 of 2024, is not required on each and every adjournment. Therefore, it is desirable to dispense with the presence of 3 the petitioners herein, before the learned VI Additional Judicial First Class Magistrate, Rajamahendravaram. 10. With the above observations, this Transfer Criminal Petition is disposed of. The learned VI Additional Judicial First Class Magistrate, Rajamahendravaram, is hereby directed not to insist upon the personal appearance of the petitioners herein, i.e., the respondents in D.V.C.No.67 of 2024, as long as their counsel on record is attending the Court proceedings and representing the case, except on the day when their cross-examination is required to be recorded or on any other day when their personal appearance is required, as directed by the learned VI Additional Judicial First Class Magistrate, Rajamahendravaram. 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: 26.02.2026 MH/JLSR 4 5 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO 14 TRANSFER CRIMINAL PETITON No.53 of 2025 Date: 26.02.2026 MH/JLSR