HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU TRANSFER CRIMINAL PETITION No.279 OF 2009 ORDER: The petitioners 1 to 4/A.1 to A.4 are accused of offence punishable under Section 498-A IPC in C.C.No.243 of 2009 on the file of II Additional Judicial Magistrate of the First Class, Machilipatnam. The second respondent/de facto complainant is wife of A.1. A.2 and A.3 are parents and A.4 is younger brother of A.1. It is contended by the petitioners’ counsel that the accused are residents of Rajampet and that parents of the second respondent are residents of Porumamilla. Both the places are in Kadapa District. Therefore, the petitioners seek transfer of the case from Machilipatnam to either Badvel or Mydukur or Rajampet in Kadapa District. This petition is opposed by the second respondent. It is the second respondent’s contention that after separation, she joined her brother at Machilipatnam and that the Court at Machilipatnam is convenient for her attendance. It is a police case. In case the case is transferred from Machilipatnam to any place in Kadapa District, then the police at Chilakalpudi have to attend the Court in Kadapa District on every date of adjournment and bring witnesses. As can be seen from list of witnesses attached to the charge sheet, four witnesses are from Krishna District. All those four witnesses have to go all the way to Kadapa District for giving evidence in case the case is transferred to Kadapa District. Further, as per allegations of the prosecution, part of cause of action for the offence arose at Machilipatnam. It is the prosecution case that when the second respondent was taking shelter in her elder brother’s house at Machilipatnam, A.1 to A.4 came there and threatened her with dire consequences with a demand to provide money to them or else give divorce to A.1. Having regard to allegations in the charge sheet and also taking into consideration convenience of the parties, this Court is of the opinion that it is not a fit case to transfer the case from Machilipatnam to Kadapa District. Hence, the petition is dismissed. SAMUDRALA GOVINDARAJULU,J Date:20.08.2010 usd