Palla Sridhar Babu , Neshe Palla Sridhar Babu v. The State Of A.P

HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY TRANSFER CRIMINAL PETITION No.262 of 2016 ORDER:

This Petition is filed to withdraw C.C.No.240 of 2015 from the file of Judicial Magistrate of First Class, Jammalamadugu, Kadapa District and transfer the same to Adoni or any other competent Court in Kurnool District, on the sole ground that the petitioners are attending the Court at Jammalamadugu for the last one year with great difficulty and the respondent No.2 is threatening them with dire consequences and pressurizing them to succumbed to the demand of respondent No.2 and her family members for the last two months. Thus, the petitioners are apprehending danger to their lives.

However, as seen from the material on record, no specific instance is brought to the notice of the Court with all details including date and time of the alleged threat. That apart, no such complaint was made either to police or the Magistrate concerned about the threats. Thus, the grounds mentioned in the petition are not supported by any material. Therefore, I find no ground to withdraw the above C.C. pending on the file of Judicial Magistrate of First Class, Jammalamadugu, Kadapa District and transfer the same to Adoni or any other competent Court in Kurnool District. However, if really, the petitioners are facing such difficulty and receiving threats

from the family of respondent No.2, liberty is given to them to file a petition under Section 37 of Code of Criminal Procedure and on filing such petition, the learned Magistrate is directed to decide the petition in accordance with law. With the above direction, this Transfer Criminal Petition is dismissed.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________________ M. SATYANARAYANA MURTHY, J Date: 17.10.2016 eha

HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY Tr.Crl.P. No.262 of 2016 Dt. 17.10.2016 eha