IN THE HIGH COURT OF LJUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND (2ND) DAY OF NOVEMBER, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Tr. Crl.P.No.46 of 2010 Between: Dr. P. Santha Kumari … Petitioner And: K. Udaya Bhanu & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Tr. Crl.P.No.46 of 2010 ORDER: This Transfer criminal petition is filed under Section 407 Cr.P.C. seeking transfer of CC No.393 on the file of the Chief Metropolitan Magistrate, Vijayawada to any criminal Court at Hyderabad. 2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent. Perused the record. 3. The first respondent who is practicing Advocate at Vijayawada filed a private complaint against the petitioner, who is practicing doctor at Hyderabad, alleging the offence under Section 138 of the Negotiable Instruments Act. It is stated that the matter is at the stage of trial and chief affidavit is already filed and the matter stands posted for marking the documents and for cross-examination of PW.1. 4. Learned counsel for the petitioner submits that on previous occasion on 26.02.2010 after she attended the Court at Vijayawada and when she was returning to the bus stand to catch a bus for Hyderabad, two unknown persons came to the bus stand and threatened her with dire consequences if she does not settle the matter with the complainant. The petitioner therefore apprehends physical threat to her person and life if she has to appear before the Court at Vijayawada. In support of the said plea, the petitioner filed copy of the complainant dated 28.02.2010 filed by the petitioner to the Commissioner of Police, Vijayawada, wherein she sought police protection. 5. In the circumstances, having regard to the fact that the petitioner is a woman and a doctor, it is considered that the petitioner can be afforded necessary protection by the police, in case there is any need. However, there are no valid or justifying grounds for transfer of the case from the Court of Chief Metropolitan Magistrate, Vijayawada, as the matter now reached to the stage of trial. The petitioner can move the trial Court for dispensing with her appearance by filing appropriate application through her counsel and whenever the Court requires her presence for the purpose of case, the petitioner shall however attend the trial Court. The Commissioner of Police, Vijayawada is also directed to provide necessary protection on the occasion of her appearance before the trial Court. 6. In the result, the Transfer criminal petition is disposed of with the above direction. ___________________ G.V.SEETHAPATHY, J Date: 02.11.2010 Note: Copy be sent to the Commissioner of Police, Vijayawada Immediately. (BO) bss