Shaik Aslam Basha, v. Syed Shaheena,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO TRANSFER CRIMINAL PETITION No.125 of 2015 ORDER :

This Transfer Criminal Petition is filed by the Petitioner under Section 407 Cr.P.C seeking to withdraw and transfer C.C. No.947 of 2014 from the file of Additional Judicial Magistrate of the First Class, Kandukuru to any Court within the jurisdiction of Chittoor District.

2) The petitioners, are A-2 to A-4 in C.C. No.947 of 2014 on the file of Additional Judicial Magistrate of the First class, Kandukur, where the learned Magistrate has taken cognizance for the offences punishable under Sections 498, 506 read with 34 I.P.C and also Sections 3 and 4 of the Dowry Prohibition Act. Heard the learned counsel for the petitioners and also the 1st respondent-defactocomplainant as well as the 2nd respondent-State represented by the Public Prosecutor and perused the material on record.

3) On perusal of the material no way requires to admit the application to transfer the calendar case as stated supra. Hence, the petition is liable to be dismissed but for with the observation that the petitioners are expressing their difficulty to travel to attend the Court personally for every adjournment, they are given liberty to file an application under Rule 37 of Criminal Rules of Practice before the learned Magistrate and the learned Magistrate to permit one to represent on behalf of other accused with necessary conditions after hearing including the condition of personal appearance as and when required.

4) Accordingly, this transfer criminal petition is dismissed. Consequently, the miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.12th October, 2015 KSH