Chappa Satya Pullaji Prasad v. Chappa Vasavi Keerthi

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER TRANSFER CRIMINAL PETITION NO.322 OF 2016 ORDER:

This petition is filed by the petitioner under Section 407 Cr.P.C. to withdraw M.C.No.25 of 2016 on the file of the III Addl. Judl. Magistrate of I Class, Kakinada and transfer the same to any Court situated at Tanuku or Ramachandrapuram or Anaparthy.

2.

Heard both sides and perused the record.

3.

Learned counsel for the petitioner would submit that Section 498-A IPC proceedings against the petitioner are pending before the Judl. Magistrate of I Class, Rayavaram, East Godavari District.

4.

On the other hand, learned counsel for the respondents 1 and 2 would submit that the 1st respondent is residing at Kakinada. The Court at Kakinada is having jurisdiction to try the offences. Moreover, the 1st respondent has got one year old baby and it is difficult for her to conduct proceedings before the other Court except before the Court at Kakinada.

5.

There is no dispute that the Judicial Magistrate of I Class, Kakinada, has no jurisdiction to proceed with the enquiry in M.C.No.25 of 2016. However, the Court at Kakinada is convenient to the respondent. Moreover, she has one year old baby to take care of her. Since the respondent is residing at Kakinada, it is expensive for her to travel from Kakinada to the places referred above to participate in the proceedings. There is no substance in the submission made on behalf of the petitioner to transfer the case. The petition is devoid of merit and is liable to be dismissed.

6.

Accordingly, the Transfer Criminal Petition is dismissed. Miscellaneous petitions, if any pending in this Petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 24-01-2018.

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