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2020 DIGILAW 659 (AP)

Kole Supraja v. State Of Andhra Pradesh

2020-10-14

M.GANGA RAO

body2020
JUDGMENT M.Ganga Rao, J. - This transfer criminal petition is filed under Section 407 Cr.P.C. seeking to withdraw C.C.No.154 of 2015 from the file of Judicial First Class Magistrate, Rajampet, YSR Kadapa District and transfer the same to the file of the Special Excise and Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District. 2. The case of the petitioner/de facto complainant is that her marriage was solemnized on 12.06.2011 with the 2nd respondent. At the time of marriage, her parents gave Rs.4 lakhs of cash and 20 sovereigns of gold ornaments and other household articles worth of Rs.20,000/- towards dowry. After marriage, both of them lived happily for some time and begotten two children. Later, the 2nd respondent addicted to bad vices and started harassing her to get additional dowry of Rs.1 lakh and threatened her and her parents with dire consequences. Before coming to her parents' house, the petitioner lodged a complaint before Rajampeta P.S. against the respondents 2 to 5, which was registered as case in Crime No.16 of 2015. After investigation, the police filed charge sheet and the same was numbered as C.C.No.154 of 2015 on the file of the learned Judicial Magistrate of First Class, Rajampet, Kadapa District. After coming to her parents' house, she lodged DVC case before the Special Excise and Additional Judicial Magistrate of First Class, Nellore. The apprehension of the petitioner is that she cannot freely move to the Rajampeta to give evidence in C.C.No.154 of 2015 because of the threats of the respondents 2 to 5 and they are also threatening the witnesses and insisting them not to give evidence in her favour. Though she reported to the police about the threats of the respondents 2 to 5, they have not taken any action so far. She has no income to meet the expenses to travel to Rajampeta along with an attendant. 3. Learned counsel for the petitioner submits that the distance between the residence of the petitioner's parents and Rajam is about 150 Kms. and being a lady, she cannot undertake the journey for such long distance to attend the proceedings in C.C.No.154 of 2015 along with her children. The respondents 2 to 5 are also hurling threats on the petitioner to do away her life and thereby it is not safe to the petitioner to go to Rajampet and contest the case. 4. and being a lady, she cannot undertake the journey for such long distance to attend the proceedings in C.C.No.154 of 2015 along with her children. The respondents 2 to 5 are also hurling threats on the petitioner to do away her life and thereby it is not safe to the petitioner to go to Rajampet and contest the case. 4. Per contra, learned counsel for the respondent 2 to 5, states that mere apprehension of threat to the petitioner's life without any legal evidence, is not a sufficient ground to transfer the case from the jurisdictional court. 5. The apprehension of the petitioner is not supported by any other supporting evidence. Mere apprehension that there is a threat to her life from the 2nd respondent and his family members does not constitute a sufficient ground for transfer of the case. If the petitioner is having any threat, she can report the matter to the Court and the Court in its turn, after considering the needs of the situation, pass order accordingly including appropriate direction for police protection. On mere apprehension not supported by any evidence, criminal cases could not be transferred from jurisdictional Courts to other Courts. 6. With the above observation, the Transfer Criminal Petition is disposed of. 7. Miscellaneous Petitions, if any, pending in this petition shall stand closed.