THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.124 of 2025 ORDER: The petitioner herein has filed the present petition under Section 447 of the B.N.S.S. Act, 2023, seeking withdrawal of C.C.No.3227 of 2021, on the file of the learned VI Additional Judicial Magistrate of First Class, Rajamahendravaram, and transfer the same to any other Court situated on the ground floor of the building, for trial and disposal of the same. 2. Heard learned counsel for the petitioner, learned counsel for respondent No.3, and the learned Assistant Public Prosecutor. 3. Perused the material available on record. 4. The ground urged by the petitioner for seeking transfer of C.C.No.3227 of 2021, on the file of the learned VI Additional Judicial Magistrate of First Class, Rajamahendravaram, to any other Court in the same Court complex is that his wife has become almost incapacitated due to severe spinal damage, and she is unable to climb stairs or walk to enter the small lift provided in the Court building except with the assistance of a wheelchair, and however, the lift is not available in the said Court building, and that it is very difficult for his wife to appear before the learned VI Additional Judicial Magistrate of First Class, Rajamahendravaram, which is situated on the second floor of the same Court complex. 2 5. The respondent No.3 filed a counter denying the material allegations levelled in the affidavit filed by the petitioner and contended that the wife of the petitioner herein is attending two other criminal cases, on the file of the learned V Judicial Magistrate of First Class, Rajamahendravaram, which is situated on the second floor of the same Court premises at Rajamahendravaram. The respondent drew the attention of this Court that his father has filed a criminal case against the wife of the petitioner for the offence under Section 138 of the N.I. Act vide C.C.No.3675 of 2021 on the file of the learned V Judicial First Class Magistrate, Rajamahendravaram, which is also situated on the second floor of the same Court complex. The respondent No.3 further pleaded that he has also filed a case against the petitioner herein for the offence under Section 138 of the N.I. Act vide C.C.No.3669 of 2021, which is also pending before the learned V Judicial First Class Magistrate, Rajamahendravaram, which is also situated on the second floor of the same Court complex. He would further submit that neither the petitioner nor his wife has filed any transfer petition seeking transfer of the aforesaid cases and that there are no merits in the contention made by the petitioner. 6. On considering the submissions made by the learned counsel for the respondents, I am of the considered view that there is no substance in the contention of the petitioner that his wife is unable to attend the Court situated on the second floor of the same Court complex. Moreover, the petitioner herein was examined as P.W.1 in C.C.No.3227 of 2021 before the trial Court and 3 another witness was also examined as P.W.2. The wife of the petitioner herein is listed as one of the witnesses in the charge sheet, and despite summons being ordered to her, she is not attending the Court below to give evidence. It was pleaded by the petitioner that he has been suffering from asthma and diabetes for the last 25 years, therefore, he and his wife are facing difficulty in appearing before the Court on account of health ailments. 7. In the case at hand, on the complaint given by the petitioner herein, the police registered the case and filed a charge sheet before the learned Additional Judicial Magistrate of First Class, Rajamahendravaram, and the petitioner appeared before the said Court and his evidence was recorded and another witness was also examined as P.W.2, and the entire trial proceedings commenced long back before the learned Additional Judicial Magistrate of First Class, Rajamahendravaram. Moreover, as stated supra, the petitioner herein has given evidence before the said Court and there is no need for the petitioner herein to appear before the said Court. The case has been instituted by the Station House Officer, Rajamahendravaram Police Station, and the Public Prosecutor of that Court has to conduct the prosecution of the said case before the said Court. Moreover, the wife of the petitioner is attending another two cases in the second floor of the same Court building. Therefore, appearance of the petitioner before learned VI Additional Judicial Magistrate, Rajamahendravaram, on only one occasion that to give evidence is not much 4 difficult, because her appearance before the said Court is not at all required on other dates of hearing in C.C.No.3227 of 2021. 8. For the aforesaid reasons, there are no valid grounds to consider the request of the petitioner, and as such, the present Transfer Criminal Petition is liable to be dismissed as it is devoid of merit. 9. With the above observations, this 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: 20.02.2026 MH 5 THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO 102 TRANSFER CRIMINAL PETITION No.124 of 2025 Date: 20.02.2026 MH