(Prayers: may be pleased to withdraw the DVC No. 5 OF 2023 on the file of the Hon’ble Principle Junior Civil Judge court, Repalle Guntur, and to transfer the same to any Court within the Jurisdiction limits of Vijayawada, Krishna District, which is convenient to me to attend before court proceedings,

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to pass orders stay of all further proceedings in DVC No. 5 OF 2023 on the file of the Hon’ble Principle Junior Civil Judge, Repalle, Guntur during pendency of the above transfer petition, and pass

Pleased to withdraw the MC No. 19 OF 2023 on the file of the Hon’ble Principle Junior Civil Judge court, Repalle Guntur, and to transfer the same to any Court within the Jurisdiction limits of Vijayawada, Krishna District, which is convenient to me to attend before court proceedings, and pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay of all further proceedings in MC No. 19 OF 2023 on the file of the Hon’ble Principle Junior Civil Judge, Repalle, Guntur during pendency of the above transfer petition, and pass

may be pleased to withdraw the CC No. 592 OF 2022 on the file of the Hon’ble Additional Junior Civil Judge Court, Repalle Guntur, and to transfer the same to any Court within the Jurisdiction limits of Vijayawada, Krishna District, which is convenient to me to attend before court proceedings, and pass such

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay of all further proceedings in CC No. 592 OF 2022 on the file of the Hon’ble Additional Junior Civil Judge, Repalle, Guntur during pendency of the above transfer petition and pass such)

Common Order

1. The petitioner has filed Tr.Crl.P.No.103 of 2025 under Section 447 of B.N.S.S., Act seeking to withdraw D.V.C.No.05 of 2023, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur, and transfer the same to any Court within the jurisdiction limits of Vijayawada, Krishna District.

               The petitioner has filed Tr.Crl.P.No.104 of 2025 under Section 447 of B.N.S.S., Act seeking to withdraw M.C.No.19 of 2023, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur, and transfer the same to any Court within the jurisdiction limits of Vijayawada, Krishna District.

               The petitioners have filed Tr.Crl.P.No.105 of 2025 under Section 447 of B.N.S.S., Act seeking to withdraw C.C.No.592 of 2022, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur, and transfer the same to any Court within the jurisdiction limits of Vijayawada, Krishna District.

2. The case of the petitioner/husband in all the three transfer criminal petitions is as follows:

               I. The petitioner is the husband of the respondent /wife and their marriage was performed on 27.06.2021 at Hanumanpalem Village, Kollipara Mandal, Guntur District, as per Christian customs and rituals. The petitioner/husband pleaded that in view of the matrimonial disputes between both the parties, the respondent No.2/wife lodged a complaint before the Repalle Town Police Station, vide Cr.No.127 of 2022, for the offences punishable under Section 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act and, after completion of investigation, the Police filed a charge-sheet vide C.C.No.592 of 2022, on the file of the Additional Junior Civil Judge Court, Repalle. The petitioner/husband further pleaded that the respondent No.2/wife also filed a Domestic Violence Case in D.V.C.No.05 of 2023, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur and a Maintenance Case in M.C.No.19 of 2023, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur, and that the petitioner/husband herein is attending the case proceedings in the aforesaid cases before the Court at Repalle, Guntur.

               II. The petitioner further pleaded that he is a physically disabled person having 49% of permanent disability and also suffering from a ligament tear in his left knee, for which the petitioner is under medical treatment and physiotherapy and that, as per the MRI report, his mobility has become severely restricted. The petitioner further pleaded that he is working as Senior Nursing Officer at AIMS, Bhubaneswar, Odisha State and that it is very difficult for the petitioner to travel a distance of 800kms from Bhubaneswar, Odisha State to Repalle, Guntur District for attending the Court proceedings in the aforesaid cases and that the petitioner/husband is constrained to file Tr.Crl.P.Nos.103, 104 & 105 of 2025 seeking to withdraw D.V.C.No.05 of 2023, M.C.No.19 of 2023 and C.C.No.592 of 2022, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur, and transfer the same to any Court within the jurisdictional limits of Vijayawada, Krishna District.

3. Heard Sri Eluru Sesha Mahesh Babu, learned counsel for the petitioner/husband, learned Public Prosecutor appearing for the respondent No.2/State and none appeared for the respondent No.1/wife. Perused the material available on record.

4. As seen from the material available on record, the respondent /wife filed three cases, viz., D.V.C.No.05 of 2023, M.C.No.19 of 2023 and C.C.No.592 of 2022, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur. The contention of the petitioner/husband is that he is suffering from 49% of disability to the ‘Left Lower Limb’ and that he is residing at Hanumanpalem Village, Kollipara Mandal, Guntur District. As seen from the copy of the Disability Certificate filed by the petitioner/husband, the disability is only 49% to the left lower limb of the petitioner. It is well settled that “the disability to a particular limb cannot be treated as a disability to the whole body”. Moreover, the petitioner/husband is facing trial in all the aforesaid three (03) cases, which are pending before the Additional Junior Civil Judge Court, Repalle, Guntur. The contention of the petitioner herein is that all the said three cases may be transferred to any Court at Vijayawada, Krishna District. It is not the case of the petitioner/husband that he is residing at Vijayawada and moreover, none of the parties are residing at Vijayawada.

5. As could be seen from the material available on record, the respondent /wife filed a Maintenance Case vide M.C.No.19 of 2023, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur, with a specific prayer that she is unable to maintain herself and that she is seeking monthly maintenance from the petitioner/husband for her livelihood. Furthermore, the respondent No.1 also filed a domestic violence case vide D.V.C.No.05 of 2023, on the file of the Additional Junior Civil Judge Court, Repalle, Guntur, against the petitioner/husband and the same is pending before the Court at Repalle. Furthermore, the respondent/wife had lodged a complaint against the petitioner herein vide Cr.No.127 of 2022, for the offences punishable under Section 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act and, after completion of investigation, the Police filed a charge-sheet vide C.C.No.592 of 2022, on the file of the Additional Junior Civil Judge Court, Repalle and the same is pending for adjudication. On a perusal of the charge sheet in C.C.No.592 of 2022, it is seen that all the witnesses cited in the charge sheet are residing within the jurisdictional limits of the Court at Repalle.

6. The purpose of criminal trial is to dispose a fair and impartial justice un-influenced by extraneous considerations. Every offence shall ordinarily be enquired into and tried by the Court within its local jurisdiction it was committed. The cause of action and alleged offences as per the First Information Report are alleged to have been arising within the jurisdiction of the Court. It is well settled that “no universal or hard and fast rules can be prescribed for deciding the transfer petition, which is always to be decided on the basis of the facts of each case. It is also well settled that “the convenience of the parties including the witnesses to be produced at the trial is also a relevant consideration for deciding the transfer petition. The convenience of the parties does not necessarily mean the convenience of the petitioner/accused alone, who approached the Court on misconceived notions of apprehension”.

7. As noticed supra, “the convenience of the parties does not necessarily mean the convenience of the accused alone. The convenience for the purpose of transfer means the convenience of the prosecution, witnesses and larger interest of the society”. Therefore, it is not proper to transfer C.C.No.592 of 2022 to any Court at Guntur. As noticed supra, the respondent No.1/wife filed a maintenance case vide M.C.No.19 of 2023 seeking monthly maintenance for her livelihood from the petitioner/husband and the same the pending for adjudication before the learned Additional Junior Civil Judge, Repalle. Therefore, in such a case, when the respondent No.1/wife is unable to maintain herself, it is not a fit case to transfer D.V.C.No.05 of 2023, M.C.No.19 of 2023, which are pending before the Additional Junior Civil Judge Court, Repalle, Guntur to any Court at Vijayawada. In view of the aforesaid reasons, I do not find any merit and subsistence in the contentions taken by the petitioner and as such, the present Transfer Criminal Petitions are liable to be dismissed as devoid of merit.

8. With the above observations, the Transfer Criminal Petitions are dismissed. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.