Kolagani Venkata Lakshmi Kalyani v. State Of Andhra Pradesh
2020-08-28
CHEEKATI MANAVENDRANATH ROY
body2020
DigiLaw.ai
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 407 of Cr.P.C seeking transfer of the case in C.C.No.759 of 2018 on the file of the VI Additional Junior Civil Judge, Guntur, to the Court of the Chief Metropolitan Magistrate, Vijayawada, where C.C.No.6767 of 2019, which is another case filed by the petitioner, is pending. 2. Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the 1st respondent/State and learned counsel for the 2nd respondent. 3. The petitioner is the wife of the 2nd respondent. She has filed a complaint before the trial Court against the 2nd respondent, who is her husband, under Section 498A of IPC and the same was referred to the Police for investigation and report. Police registered the said case as an offence punishable under Section 498A of IPC and after completion of investigation filed charge-sheet against the 2nd respondent and the same is numbered as C.C. 759 of 2018 on the file of the VI Additional Junior Civil Judge, Guntur. The said case is now pending on the file of the said Court. 4. The petitioner is now residing in Vijayawada and she has filed M.C.No.1439 of 2018 seeking maintenance against the 2nd respondent and F.C.O.P. No.1169 of 2019 for dissolution of her marriage with the 2nd respondent and also Guardian O.P. G.W.O.P. No.1161 of 2019 on the file of the Family Court, Vijayawada, against the 2nd respondent. All the said cases are pending on the file of Family Court, Vijayawada. 5. Therefore, now she seeks transfer of the criminal case in C.C.No.759 of 2018 which is pending on the file of the VI Additional Junior Civil Judge, Guntur, to the Chief Metropolitan Magistrate's Court of Vijayawada, on the ground that she is unable to attend the Court in Guntur as she is now residing in Vijayawada and also on the ground that the other cases filed by her are pending in the Family Court of Vijayawada. 6. The aforesaid grounds on which the petitioner sought transfer of C.C.No.759 of 2018 from Guntur to Vijayawada, in the considered view of this Court, are not at all tenable grounds for transfer of the said case from Guntur to Vijayawada. 7. It is pertinent to note here that the said case in C.C.No.759 of 2018 is not a private case.
The aforesaid grounds on which the petitioner sought transfer of C.C.No.759 of 2018 from Guntur to Vijayawada, in the considered view of this Court, are not at all tenable grounds for transfer of the said case from Guntur to Vijayawada. 7. It is pertinent to note here that the said case in C.C.No.759 of 2018 is not a private case. As the Court referred the said complaint to the Police for investigation, Police filed charge-sheet after investigation. Therefore, the petitioner need not attend the said Court of VI Additional Junior Civil Judge, Guntur, on each and every adjournment as it is not a private complaint. Since it is now a Police case, the petitioner is required to attend the said Court in Guntur only for the purpose of giving evidence during the course of trial. Further, Guntur is not too far away from Vijayawada and it is only neighbouring city and there can be absolutely no difficulty for her to attend the said Court in Guntur only in one occasion for the purpose of giving evidence. Therefore, the contention that she could not attend the Court in Guntur and as such the case is to be transferred to the Court of Vijayawada is not a valid ground and it cannot be countenanced. Further, the mere fact that the other cases filed by her for maintenance, divorce and custody of the child etc., are pending in the Family Court of Vijayawada also cannot be a valid ground for transfer of the said criminal case from Guntur to Vijayawada. So, this Court do not see any valid ground to entertain this petition. 8. In the result, the petition is dismissed. Pending applications, if any, shall stand closed.