THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.84 of 2025 ORDER: Today, when the matter has been taken up for hearing, learned counsel for the petitioner has submitted that, proof of service Memo has been field before the Registry on 25.09.2025 vide U.S.R.No.110865 of 2025, along with the Postal Track Consignment Sheet downloaded from the Postal Department Website and the same has been placed on record. As per the Postal Track Consignment Sheet, the registered notice sent to the respondent No.1 and the same was served on 23.09.2025. Despite service of notice, there is no representation on behalf of respondent No.1. Therefore, ‘service held sufficient’. 2. The petitioner filed the present petition under Section 447(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS, 2023.’), seeking to withdraw the M.C.No.22 of 2023, on the file of learned Judicial Magistrate of First Class, Palasa and transfer the same to the file of learned Judge, Family Court, Srikakulam, for trial and disposal. 3. Heard the learned counsel for the petitioner. 4. Though notice is served on the respondent No.1, none appeared for the respondent No.1. 5. Learned counsel for the petitioner would contend that the petitioner herein who is the respondent in M.C.No.22 of 2023 is suffering from disability 2 of 90% and in proof of the same, they also filed a copy of disability certificate issued by the District Medical Board in Government Hospital at Srikakulam and a copy of the said certificate is placed on record. It shows that the respondent in M.C.No.22 of 2023 is suffering from disability of 90%, the said is evidenced by documentary proof. Learned counsel for the petitioner also would contend that the petitioner herein is an employee in Canara Bank, working at Srikakulam. 6. Perused the material available on record. 7. The material on record prima facie goes to show that the petitioner herein, who is the respondent in M.C.No.22 of 2023, is suffering from 90% disability, as evidenced by the disability certificate issued by the District Medical Board at the Government Hospital, Srikakulam, and the same is placed on record. The material on record prima facie further reveals that the respondent, who is none other than the wife of the petitioner, filed a maintenance case vide M.C.No.22 of 2023, before the learned Judicial Magistrate of First Class, Palasa, seeking maintenance from the petitioner herein, stating that she is unable to maintain herself, and the matter has reached the stage of recording the evidence in cross-examination of the respondent herein/petitioner in M.C.No.22 of 2023. Since the maintenance case instituted by the wife in the year 2023 vide M.C.No.22 of 2023, it reached the stage of recording the evidence in cross-examination of the respondent therefore, it is not proper to transfer the matter from the file of the learned 3 Judicial Magistrate of First Class, Palasa, to the file of the learned Judge, Family Court, Srikakulam. However, considering the 90% disability of the petitioner, it is desirable to dispense with the personal appearance of respondent in M.C.No.22 of 2023 before the learned Judicial Magistrate of First Class, Palasa, which will sub-serve the ends of justice. 08. In the result, this Transfer Criminal Petition is disposed of. The learned Judicial Magistrate of First Class, Palasa, is hereby directed not to insist upon the personal appearance of the petitioner herein, i.e., the respondent in M.C.No.22 of 2023, as long as his counsel on record is attending the Court proceedings and representing the case, except on the day when his cross- examination is required to be recorded or on any other day when his personal appearance is required, as directed by the learned Judicial Magistrate of First Class, Palasa. 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: 24.02.2026 Issue cc tomorrow B/o. MH/JLSR 4 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO 14 TRANSFER CRIMINAL PETITON No.84 of 2025 Date: 24.02.2026 Issue cc tomorrow B/o. MH/JLSR