Pedapati Babitha Neelima v. State Of Andhra Pradesh
2020-10-14
M.GANGA RAO
body2020
DigiLaw.ai
JUDGMENT M. Ganga Rao, J. - This petition is filed by the petitioner, under Section 407 of the Code of Criminal Procedure, 1973, requesting to withdraw C.C.No.346 of 2014 from the file of the III Additional Judicial First Class Magistrate Court, Rajahmundry and transfer the same to any competent Court situated at Eluru, West Godavari District. 2. Heard learned counsel for the petitioner and learned counsel appearing for the 2nd respondent. 3. The facts, in brief, are that the petitioner herein is the accused and the 2nd respondent is the complainant. The 2nd respondent gave a private complaint before the III Additional Judicial First Class Magistrate Court, Rajahmundry. The same was referred to the police for investigation. Accordingly, a case in Crime No.427 of 2014 was registered by the Law & Order Police Station, Rajahmundry, against the petitioner for the offences punishable under Sections 506(2), 509 and 500 IPC. After completing investigation, police filed charge sheet and the same was taken on file as CC.No.346 of 2014 on the file of the III Additional Judicial First Class Magistrate, Rajahmundry. 4. The case of the petitioner is that the 2nd respondent, who is a practising advocate, foisted the present case against the petitioner as a counter blast to the case filed by the petitioner's sister by name Kalpana against the wife of the 2nd respondent and others in Crime No.256 of 2013 of I Town Police Station, Eluru. 5. Learned counsel for the petitioner submits that when the petitioner went to Rajahmundry on 26.09.2014 in connection with C.C.No.346 of 2014, the 2nd respondent stopped the petitioner, caught hold of her neck, dragged her and pushed back and outraged her modesty and also abused her in un-parliamentary language and torn her blouse and beat her with his hands on her cheeks. The said incident was reported to the Rajahmundry III Town police station and a case in Crime No.514 of 2014 was registered against the 2nd respondent on 03.10.2014, for the offences punishable under Sections 354, 341 & 323 read with 34 IPC. As there was no progress in the investigation in the said crime, the petitioner made a requisition dated 14.12.2014 to the Superintendent of Police, Rajahmundry Urban, requesting to take necessary action against the 2nd respondent. The 2nd respondent is a practising advocate at Rajahmundry and is having influence in Rajahmundry.
As there was no progress in the investigation in the said crime, the petitioner made a requisition dated 14.12.2014 to the Superintendent of Police, Rajahmundry Urban, requesting to take necessary action against the 2nd respondent. The 2nd respondent is a practising advocate at Rajahmundry and is having influence in Rajahmundry. The petitioner is facing several threats from the 2nd respondent. If the petitioner attends the Court at Rajahmundry, there is a life threat to the petitioner in the hands of the 2nd respondent and his close friends, who are all native of Rajahmundry. The petitioner is a lady without any male assistance or support to accompany her to Rajahmundry on the dates of adjournments in CC.No.346 of 2014. If CC.No.346 of 2014 is transferred from Rajahmundry to a competent Court at Eluru, no prejudice would be caused to the 2nd respondent. Hence, it is just and necessary to transfer the said CC from Rajahmundry to any other competent Court at Eluru. 6. Learned counsel for the 2nd respondent, while reiterating the averments in the counter, would submit that the case in Crime No.514 of 2014 said to have been registered on the alleged report given by the petitioner herein, was closed as false by the police after investigation. The petitioner is in the habit of foisting false cases against the 2nd respondent and his family members. All the witnesses in CC.No.346 of 2014 are from Rajahmundry. If the case is transferred to Eluru, the petitioner may influence and threaten the witnesses. The petitioner approached this Court with unclean hands by taking all false and concocted pleas to transfer the case. If the case is transferred from Rajahmundry to Eluru, the 2nd respondent would have to face severe hardship. The petition is liable to be dismissed. 7. The only ground, on which the transfer is sought for, is that there is a life threat to the petitioner in the hands of the 2nd respondent in the event she attends the Court at Rajahmundry in connection with C.C.No.346 of 2014.
The petition is liable to be dismissed. 7. The only ground, on which the transfer is sought for, is that there is a life threat to the petitioner in the hands of the 2nd respondent in the event she attends the Court at Rajahmundry in connection with C.C.No.346 of 2014. In support of her plea, petitioner states that on 26.09.2014 when she went to Rajahmundry in connection with C.C.No.346 of 2014, the 2nd respondent stopped the petitioner, caught hold of her neck, dragged her and pushed back and outraged her modesty and also abused her in un-parliamentary language and torn her blouse and beat her with his hands on her cheeks and on her report, a case in Crime No.514 of 2014 was registered against the 2nd respondent. 8. It is not in dispute that the police, after conducting investigation, closed the said case in Crime No.514 of 2014 as false. 9. In that view of the matter, this Court finds no merit in this petition. However, still 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. 10. In the result, the Transfer Criminal Petition is dismissed. Interlocutory Applications pending, if any, shall stand closed.