Andhra Pradesh High Court - Amravati
Llla Srinivas vs The State Of Andhra Pradesh on 24 November, 2020
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THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
TRANSFER CRIMINAL PETITION NO.28 OF 2020
ORDER:
This transfer petition is filed under Section 407 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') with a prayer to withdraw C.C.No.1183 of 2014 from the file of VII Additional Judicial Magistrate of First Class, Rajuhmundry and transfer the same to any other Court in Rajahmundry.
2. The case of the petitioners is that the marriage of respondent No.1 herein was performed with A1 on 06.08.2009. Later due to the differences between the parties and on the allegation of harassment, respondent No.1 filed complaint on 17.02.2012 wherein the petitioners herein who are sister-in-law's husband and sister-in-law respectively were also shown as accused along with her husband and mother-in-law. After completion of investigation, the Police have filed charge sheet wherein it was clearly mentioned "As per the evidence on record, it is well established that only A1 and A2 have harassed LW-1 and the role of the alleged A3 and A4 was not substantiated in this case due to deficiency of corroborative evidence. LW-1 seems to have implicated the names of the alleged A3 and A4 only to strengthen her case". The same was numbered as C.C.No.530 of 2012 against the husband and mother-in-law of respondent No.1.
3. Later she has filed a private complaint against the petitioners herein and the same was numbered as C.C.No.1183 of 2014 on the file of VII Additional Judicial First Class Magistrate, Rajahmundry. 2
4. Heard Sri M.Srinivasa Rao, learned counsel for the petitioner, learned Public Prosecutor for respondent No.1 and Sri M. Rama Krishna, learned counsel for the respondent No.2.
5. Learned counsel for the petitioners submits that learned VII Additional Judicial Magistrate of First Class, Rajahmundry has allowed C.C.No.530 of 2012 on 12.02.2020 whereby he has convicted both A1 and A2 i.e. the husband and mother-in-law of respondent No.2. Now the apprehension of the petitioners is that if this case comes before the very same learned Judge these petitioners may also be convicted as he has dealt with the earlier case.
6. Learned counsel for the petitioners further submits that petitioner No.1 is working as Income tax officer and if any order is passed against them, it will have its consequences on the service of petitioner No.1. With that apprehension it is prayed that the matter may be transferred from VII Additional Judicial Magistrate of First Class, Rajahmundry to any other Court in Rajahmundry.
7. Learned counsel for respondent No.2 submits that this transfer petition is not maintainable before this Court because the petitioners are seeking transfer within the District. Therefore, they ought to have approached the District Judge seeking such transfer. Secondly he submits that now C.C.No.1183 of 2014 is coming up for arguments and during the entire proceedings at any point of time the petitioners have not come up with this kind of plea and all the reasons what are stated by the learned counsel for the petitioners are invented for the purpose of filing this petition. He further submits that this kind of 3 flimsy grounds C.C.No.1183 of 2014 may not be withdrawn from the file of VII Additional Judicial Magistrate of First Class, Rajahmundry and transferred to other Court.
7. Section 407 Cr.P.C. deals with the power of the High Court to transfer cases and appeals and Section 407 (2) Cr.P.C. reads thus:
"Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him."
8. Admittedly in this case the petitioners are seeking to transfer their case from the file of learned VII Additional Judicial Magistrate of First Class, Rajahmundry to any other Court in Rajahmundry. In the light of Section 407 Cr.P.C. the petitioners ought to have approached the District Judge before filing application before this Court, but they have directly approached this Court and as such this petition cannot be entertained.
9. Accordingly, this Transfer Criminal Petition is disposed of giving liberty to the petitioners to approach the appropriate forum.
Consequently, Miscellaneous Applications pending, if any, shall stand closed.
_________________________________ JUSTICE LALITHA KANNEGANTI Date: 24.11.2020 IKN 4 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI (Dismissed) TRANSFER CRIMINAL PETITION No.28 of 2020 Date: 24.11.2020 IKN