THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Tr.Crl.P.No.135 of 2005 Date of Order: 08-07-2010 Between: Shaik Hazi Bashaand others. ..Petitioners and Shaik Jakeera and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Tr.Crl.P.No.135 of 2005 Oral order: Petitioners, who are accused in C.C.No.433 of 2004 on the file of Additional Munif Magistrate, Kandukur, filed this petition under Section 407 Cr.P.C. to transfer the said case to the Judicial Magistrate of First Class, Chirala, Prakasam District for trial and disposal in accordance with law contending that they are facing danger to their lives at Kandukur, as the 1st respondent—wife got foisted false cases in collusion with the police. Admittedly, the petitioners herein earlier filed Tr.Crl.P.No.577 of 2004 to transfer C.C.No.222 of 2003, which is re-numbered as C.C.No.167 of 2004, from the Court of Additional Munsif Magistrate, Kandukur to the Court of Additional Munsif Magistrate, Chirala. The learned Sessions Judge, Ongole allowed the said petition. When the petitioners moved an application—Tr.Crl.P.No.70 of 2005 with similar allegations, the learned Sessions Judge after elaborately considering the rival contentions held that the first respondent, who is the wife of the 2nd petitioner, living with her minor son, who is aged 2 years, filed M.C.No.4 of 2004. Section 125 Cr.P.C. enables the wife and minor son to claim maintenance at the place of their residence and there is nothing on record to show that the petitioners made any compliant to the learned Magistrate on 31-12- 2004 when they attend to Court or to instruct their advocate they were threatened or chased. The petitioners have also not lodged any complaint before the superior Police Officer. Whereas the 1st respondent/wife states that when she approached the police at Kandukur, the police have not registered any case against the petitioners and, therefore, she was compelled to file a private complainant and only after the Magistrate referred the case, the police have investigated the case and filed the charge sheet. Since the proceedings in C.C.No.433 of 2004 pending on the file of Additional Judicial Magistrate of First Class, Kandukur and the proceedings in C.C.No.222 of 2003, which is now numbered as C.C.No.167/2004 on the file of Additional Judicial Magistrate of First Class, Chirala, arise out of two different incidents on different dates and more over C.C.No.167 of 2004 is at the stage of fag end of trial and C.C.No.433 of 2004 is at the stage of supplying copies to the petitioners, it is not desirable to transfer the case from Kandukur to Chirala. Holding so the Sessions Judge dismissed the petition. In view of the categorical finding of the learned Sessions Judge, the petitioners have not made out any case to transfer C.C.No.433 of 2004 from the file of Additional Munsif Magistrate, Kandukur, Prakasam District to the file of Judicial Magistrate of First Class, Chirala, Prakasam District. The Transfer Criminal Petition is accordingly dismissed. ________________ A.GOPAL REDDY, J. 08-07-2010 Murthy