HON’BLE SRI JUSTICE R.KANTHA RAO Tr. CRL. P.NO.230 OF 2009 DATE: 11.11.2010 BETWEEN: K.Venkateswari .. Petitioner And State of A.P. and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Tr. CRL. P.NO.230 OF 2009 ORDER: This transfer criminal Petition is filed seeking transfer of C.C.No.609 of 2008 on the file of the III Additional Judicial Magistrate of First Class, Tirupathi, Chittoor District to the Court of II Additional Judicial Magistrate of First Class, Kadapa where C.C.No.22 of 2008 between the same parties is pending. I have heard the learned counsel appearing for the petitioner. There is no representation on behalf of the respondent No.2. The petitioner is the wife of the second respondent. Her marriage was performed with the second respondent on 25.02.2007. Subsequently, when the second respondent harassed her for additional dowry, having no other alternative, she was forced to come to her parents’ house, then she lodged a report against the second respondent alleging commission of offences under Sections 323, 498- A, 495 read with Section 34 IPC. The offence was investigated into and charge sheet was filed and now it is pending as C.C.No.22 of 2008 before the II Additional Judicial Magistrate of First Class, Kadapa. It is the version of the petitioner that after she filed the above case, the second respondent approached her parents along with elders and a panchayat was held, whereat he promised to take her back and treat her properly. Thereupon, believing the words of the second respondent, she joined him at Tirupathi. That the second respondent again started her demanding for dowry and also insisting upon her to withdraw C.C.No.22 of 2008 which is pending before the II Additional Judicial Magistrate of First Class, Kadapa. It is further alleged that on 15.07.2008, the second respondent severely beat the petitioner and kicked on her stomach, having received severe injuries she was hospitalized and she underwent major surgery. By then, she was pregnant and due to injuries caused by the second respondent on her abdomen, the pregnancy was aborted. The petitioner therefore, submitted that she is apprehending danger to her life in the hands of the second respondent if the case is to be tried at Tirupathi. Under the circumstances above mentioned, she prayed for transfer of the case. A case has already been pending before the II Additional Judicial Magistrate of First Class, Kadapa i.e. C.C.No.22 of 2008 against the second respondent which was filed on the report lodged by the petitioner, the second respondent has to attend the said Court in connection with the said case. Keeping in view, the circumstances mentioned by the petitioner in her transfer petition, it would be appropriate to transfer C.C.No.609 of 2008 as prayed for. Since another case has already been pending at Kadapa, no further inconvenience would be caused to the second respondent by transferring the case as prayed for. Therefore, C.C.No.609 of 2008 on the file of the III Additional Judicial Magistrate of First Class, Tirupathi is withdrawn and transferred to the Court of II Additional Judicial Magistrate of First Class, Kadapa. The Criminal petition is allowed. _______________ R.KANTHA RAO,J Dated: 11.11.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO Tr. CRL. P.NO.230 OF 2009 DATE: 11.11.2010