APHC010683582025 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: 127/2025 Between: 1.DUMPA SATYANARAYANA, S/O YERRAYYA REDDY, HINDU, AGED 40 YEARS, R/AT C/O SONTI KRISHNAVENI HOUSE, RAJUGARI BEEDU, NEAR MANNA PUBLIC SCHOOL, BACK SIDE OF TIRUMALA HOSPITAL, PAYAKARAOPETA, ANAKAPALLI DISTRICT, ANDHRA PRADESH - 531126. ...PETITIONER AND 1.DUMPA GOWRI, W/O. DUMPA SATYANARYANA, HINDU, AGED 36 YEARS, R/O DOOR NO. 2-64, KOTHA CHERUKUPALLI, BHOGAPURAM MANDAL, CHITTIVALASA PO, BHOGAPURAM, VIZIANAGARAM DISTRICT, ANDHRA PRADESH - 531162. 2.SRI DUMPA VEERA VAMSI KRISHNA, S/O. DUMPA SATYANARYANA, HINDU, AGED 11 YEARS, R/O DOOR NO. 2-64, KOTHA CHERUKUPALLI, BHOGAPURAM MANDAL, CHITTIVALASA PO, BHOGAPURAM, VIZIANAGARAM DISTRICT, ANDHRA PRADESH - 531162. (THE 2ND PETITIONER BEING MINOR REPRESENTED BY HIS MOTHER, I.E., 1 ST PETITIONER) 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, AT ANDHRA PRADESH HIGH COURT. ...RESPONDENT(S): pleased to withdraw M.C. No. 02/2025 from the file of the Court of the HONOURABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT VIZIANAGARAM, and transfer the same to the file of any other competent Family Court or to any court trying matters under Hindu Marriage Act(U/S 144 of BNSS) in VISAKHAPATNAM District or any other adjoining District, and to pass IA NO: 1 OF 2025 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 pleased to grant an interim order of stay of all further proceedings in M.C. No. 02/2025 on the file / of the Court of HONOURABLE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT VIZIANAGARAM , and pass Counsel for the Petitioner: 1.AKULA VAMSI SANGEETH KUMAR Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR 2. The Court made the following: THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.127 of 2025 ORDER: The petitioner herein filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita Act, 2023, seeking to withdraw M.C.No.02 of 2025 from the file of the Principal Junior Civil Judge, Vizianagaram and transfer the same to the file of any other competent Family Court or to any Court trying matters under ‘The Hindu Marriage Act, 1995, (under Section 144 of B.N.S.S. Act, 2023)’ at Visakhapatnam, or any other adjoining District, for trial and disposal of the same. 2. Learned counsel for the petitioners submitted that petitioner herein, is working as a Government Teacher and currently posted at Payakaraopeta, Anakapalli District, the distance between Payakaraopeta and Vizianagaram is approximately 140Kms and it is very difficult for the petitioner to travel to attend the case proceedings before the Court at Vizianagaram. He further submitted that the petitioner herein has engaged a counsel before the Principal Junior Civil Judge, Vizianagaram. 3. Learned counsel for the petitioner further submitted that he filed a proof of service memo before the Registry, dated 08.01.2026 vide U.S.R.No.3304 of 2026 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/wife and the same was served on 06.01.2026. 4. Heard Mr. Akula Vamsi Sangeetha Kumar, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.3/State. Though notice has been served, there is no representation on behalf of other respondent No.1/wife. The respondent No.2 is a minor son represented by his mother i.e. respondent No.1. 5. Perused the material available on record. 6. As seen from the material on record, the respondent No.1/wife has filed a maintenance case, vide M.C.No.02 of 2025, before the Principal Junior Civil Judge, Vizianagaram, seeking maintenance from the petitioner herein. Therefore, it is not a fit and proper case to transfer the said M.C.No.02 of 2025 from Vizianagaram, to the place of residence of the petitioner/husband herein. The material on record further goes to show that the petitioner/husband herein is working as a Government Teacher and is presently posted at Payakaraopeta, Anakapalli District. Since the petitioner has engaged an Advocate before the Principal Junior Civil Judge, Vizianagaram, therefore, his personal appearance need not be required on every date of hearing, as long as his counsel on record is available before the said Court. 7. For the aforesaid reasons, I do not find any valid grounds to consider the request made by the petitioner herein, seeking to withdraw M.C.No.02 of 2025 from the file of the Principal Junior Civil Judge, Vizianagaram and transfer the same to the file of any other competent Family Court or to any Court at Visakhapatnam. Further, on considering the submissions made by the learned counsel for the petitioner, the personal appearance of the petitioner herein i.e. respondent in M.C.No.02 of 2025 is dispensed with, on a condition that he shall appear before the Principal Junior Civil Judge, Vizianagaram, as and when directed by the learned trial Judge. 8. With the above observations, the Transfer Criminal petition is disposed of at the stage of admission. There shall be no order as to costs. 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