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2020 DIGILAW 580 (AP)

P. Naga Malleswri v. P. V. S. J. Prasad Rao

2020-09-08

CHEEKATI MANAVENDRANATH ROY

body2020
JUDGMENT Cheekati Manavendranath Roy, J. - This Transfer Criminal Petition is filed under Section 407 of Cr.P.C. seeking transfer of the case in Sessions Case No.53 of 2018 on the file of the Assistant Sessions Judge, Narsipatnam, Visakhapatnam District, to any Court in Kakinada, East Godavari District. 2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for 2nd respondent-State. Though 1st respondent is served with notice, none appeared on his behalf. 3. The petitioner is the de facto complainant in Sessions Case No.53 of 2018 on the file of the Assistant Sessions Judge, Narsipatnam, Visakhapatnam District. She is the wife of the 1st respondent herein. On account of the disputes cropped up between both of them, on a report lodged by the petitioner, a case under Sections 342, 498-A, 506, 509, 306 r/w.511 of IPC was registered against him and after completion of investigation and after filing the charge-sheet, the case was made over to the Court of Session for trial as the offence punishable under Section 306 I.P.C. is exclusively triable by the Court of Session. The said case is now pending on the file of the Assistant Sessions Judge, Narsipatnam, Visakhapatnam District for trial. 4. The petitioner, who is the de facto complainant, sought transfer of the said case from the Court of the Assistant Sessions Judge, Narsipatnam, Visakhapatnam District, to any Court in Kakinada, East Godavari District, on the ground that after she was discarded by the 1st respondent that she has been residing in Kakinada and she is an old woman and she is unable to attend the said Sessions Court at Narsipatnam. Further, she asserts that the 1st respondent has filed F.C.O.P. against her in the Family Court, Visakhapatnam and the same was subsequently transferred to the Court of 1st Additional Senior Civil Judge, Kakinada, where she is now living and that she has also filed D.V.C.No.30 of 2018 against the 1st respondent which is now pending in the Court of V Additional Judicial Magistrate of First Class, Kakinada. Therefore, she prayed to transfer the said Sessions Case also to any Court in Kakinada. 5. Therefore, she prayed to transfer the said Sessions Case also to any Court in Kakinada. 5. The aforesaid ground on which she sought transfer of the said Sessions Case from the Court of the Assistant Sessions Judge, Narsipatnam, Visakhapatnam District, to any Court in Kakinada, is not a valid and tenable ground to order for transfer of the said case from one Court to another Court. The other matters relating to F.C.O.P. and D.V.C. are civil and quasi-civil in nature, where both the parties are required to attend the Court on each and every adjournment. The said case in Sessions Case No.53 of 2018, which is now pending on the file of the Assistant Sessions Judge, Narsipatnam, Visakhapatnam District, is a police case and the petitioner, who is the de facto complainant, need not attend the Court on each and every adjournment. She is only required to attend the said Court only once after the trial commences in the said case for the purpose of giving evidence. The said case is being prosecuted by the State. Therefore, there can be absolutely no difficulty for the petitioner in attending the said Sessions Court only once for the purpose of giving evidence. So, this Court is of the considered view that the said request of the petitioner to transfer the said Sessions Case from Narsipatnam in Visakhapatnam District to any Court in Kakinada, East Godavari District, cannot be considered on the said trivial ground. None of the grounds enumerated in Section 407 Cr.P.C. for the purpose of transferring the case from one Court to another Court are made out in this case to consider the said request of the petitioner. Therefore, in the said facts and circumstances of the case, this Court do not see any valid ground to admit the case for hearing. 6. In the result, the Transfer Criminal Petition is dismissed. Consequently, miscellaneous applications, pending if any, shall also stand closed.