Palaparthi Deepika v. Palaparthi Sekhar

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO TRANSFER CRIMINAL PETITION No.184 of 2015 ORDER :

Heard the learned counsel for the petitioner and the respondent No.5-State represented by the Public Prosecutor before admission, before ordering notice to the respondents 1 to 4 and perused the material on record and considered the prayer of the petitioner to transfer DVC.No.3 of 2014 pending on the file of Judicial Magistrate of First Class, Tuni, East Godavari District to Vijayawada, Krishna District.

2.

The request is on the ground that earlier the petitioner was residing at Tuni and now shifted her residence to her parents house at Vijayawada and thereby, the matter has to be transferred. In fact, as per the address, respondents are residents of Visakhapatnam and it is not the convenience of the petitioner alone, convenience of the respondents also to be considered including from the wording of Section 409 Cr.P.C.

3. Having regard to the above, there are no grounds to admit to transfer much less to consider transfer. 4.

Accordingly, the Transfer Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, in this Transfer Criminal Petition shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J 19-08-2015 nvl