Andhra Pradesh High Court - Amravati
Smt.Putumbaka Sridevi vs Guggilapu Ramakrishna on 2 March, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
TRANSFER CRIMINAL PETITION No.11 OF 2019
ORDER:-
This petition is filed under Section 407 of the Code of Criminal Procedure, 1973, (for short"Cr.P.C.") is filed seeking transfer of C.C.No.287 of 2018 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Visakhapatnam, to the Court of Judicial Magistrate of First Class at Vuyyur, Krishna District.
2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the 2nd respondent / State.
3. The petitioner is the accused in C.C.No.287 of 2018 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Visakhapatnam, for the offence punishable under Section 138 of Negotiable Instruments Act,1881. The petitioner seeks transfer of the said case from the Court of IV Additional Chief Metropolitan Magistrate, Visakhapatnam, to the Court of Judicial Magistrate of First Class at Vuyyur, where she is residing, on two grounds. The first ground is that she apprehends danger to her life, when she attends the Court in connection with the said case and the other ground is that she is a heart patient and unable to travel from Visakhapatnam to Vuyyur.
4. Both the grounds urged by the petitioner seeking transfer of the case, are not valid and tenable grounds under Section 407 of Cr.P.C. Three grounds are enumerated under Section 407 of Cr.P.C. to order for transfer of cases from one Court to another Court. They are as follows :
"a) that a fair and impartial inquiry or trial cannot be had in any Criminal court subordinate thereto, or 2
b) that some question of law of unusual difficulty is likely to arise, or
c) that an order under this Section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice".
5. It is only when the Court finds that a fair and impartial inquiry or trial cannot be had in any Criminal Court or when some question of law of unusual difficulty is likely to arise or order under this Section is required by any provision of the Code or having regard to the general convenience of the parties or witnesses, the Court can order for transfer of the case from one Court to another Court. The fact that as a threat is given by the opposite party that the case is to be transferred from the said Court is not made as a ground for transfer under Section 407 of Cr.P.C. Therefore, the present case cannot be transferred from the Court of IV Additional Chief Metropolitan Magistrate, Visakhapatnam, to the Court of Judicial Magistrate of First Class at Vuyyur. If really, there is any such threat given by the first respondent to the petitioner, she is at liberty to approach the police seeking protection. Even, if she is suffering from any heart ailment, it cannot be considered as a valid ground for transfer the case. She has to attend the Court only the date of adjournments. Therefore, in the facts and circumstances of the case, the present petition lacks valid ground to order for transfer as prayed for.
6. Accordingly, the Transfer Criminal Petition is dismissed.
Pending applications, if any, shall stand closed.
________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 2.3.2020 rpd 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY TRANSFER CRIMINAL PETITION No.11 of 2020 Date : 2.3.2020 rpd