THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Tr.Crl.P.No.208 of 2009 ORAL ORDER: This Transfer Criminal Petition is filed under Section 407 Cr.P.C. to withdraw Calendar Case No.357 of 2008 pending on the file of the Court of the Judicial Magistrate of First Class, Pulivendula, Kadapa district registered for the offences punishable under Sections 498-A, 506, 509 read with Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short ‘the Act’) and transfer the same to the Court of Judicial Magistrate of First Class, Ananthapur, Ananthapur district on the ground that when the petitioner/defacto complainant in the calendar case attended the Court of Senior Civil Judge, Kadapa, the Respondents 1 to 4 i.e. her husband and other relatives attacked and threatened her to give divorce to her husband i.e. A1 in the calendar case and also beat her, in respect of which, she sent a complaint dated 1.8.2008 to the Superintendent of Police, Kadapa for necessary action. Heard the learned counsel for the petitioner/defacto complainant and the learned Additional Public Prosecutor appearing for the first respondent- State. It is the contention of the learned counsel for the defacto complainant that O.P.No.40 of 2008 filed for restitution of conjugal rights on the file of the Court of Senior Civil Judge, Kadapa was got transferred to the Court of Senior Civil Judge, Ananthapur on the same ground as per the orders of this Court made in Tr.Crl.P.No.322 of 2008 and the defacto complainant got no security in the entire district of Kadapa and hence it is a fit case to transfer C.C.No.357 of 2008 to the Court of Judicial Magistrate of First Class, Ananthapur for disposal as per law. On the other hand, it is the contention of the learned counsel for A1 to A4 that if the case is transferred from Kadapa to Ananthapur, they have to appear before the concerned Magistrate at Ananthapur for each and every adjournment, by reason of which, they have to suffer a lot and the defacto complainant can attend the Court at Pulivendula for one adjournment to give evidence in the matter and therefore it is not preferable to transfer the case as pleaded by the other side. The point for consideration is whether there are sufficient grounds to transfer C.C.No.357 of 2008 pending on the file of the Court of Judicial Magistrate of First Class, Pulivendula, Kadapa district and to any competent court at Ananthapur. It is pertinent to note here that O.P.No.40 of 2008 filed by A1 for restitution of conjugal rights is said to be transferred to the Court of Senior Civil Judge, Ananthapur at the instance of the defacto complainant. Taking into consideration that fact and also on perusing a copy of the complaint dated 1.8.2008 sent to the Superintendent of Police, Kadapa to the effect that A1 to A4 attacked the defacto complainant and beat her at Pulivendula when she along with her parents attended the Court there, I deem that it is a fit case to transfer C.C.No.357 of 2008 to the Court of Judicial Magistrate of First Class, Ananthapur. In the result, the petition is allowed subject to the observations made above. In the circumstances of the case, the presence of the accused in the case is dispensed with till the commencement of the trial of the case. ________________________ G.KRISHNA MOHAN REDDY, J Dated: 13-12-2011 DA/DSH