(Prayer: May be pleased to transfer the CC No 659/2017 on the file of the Hon'ble Judicial Magistrate of First Class, Nandyal, Kurnool District, Andhra Pradesh to the file of the Additional Judicial Magistrate of First Class or any other competent court in the Markapur Town and Mandal

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 to grant stay of all further proceedings including .trial in CC No 659/2017 on the file of the Hon'ble Judicial Magistrate of First Class, Nandyal Kurnool District, Andhra Pradesh pending disposal of the above Tr.Crl.P. and pass)

1. The petitioner herein filed the present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita Act, 2023, seeking transfer of C.C.No.659 of 2017 on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District, to the file of the Additional Judicial Magistrate of First Class or any other competent Court in the Markapur Town and Mandal, Prakasam District, for trial and disposal of the same.

2. The case of the petitioner in brief is as follows:

                  I. The petitioner is the de-facto complainant in F.I.R. No.128 of 2017, dated 15-05-2017, registered at Nandyal III Town Police Station, Kurnool District, Andhra Pradesh. It is further submitted that Respondent Nos.1 to 4 are the accused persons, facing trial for the offences punishable under Sections 498-A, 323, and 506 read with Section 34 of the I.P.C. The Police authorities, after completion of investigation, Police laid a charge sheet; the same was numbered as C.C.No.659 of 2017 on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District.

                  II. It is pleaded that due to the matrimonial disputes between the spouses, the petitioner/wife along with her children are residing separately in her parents’ house at Markapur Town, Prakasam District. The petitioner further pleaded that she filed two cases viz., Domestic Violence Case vide D.V.C.No.09 of 2019 on the file of the Additional Judicial Magistrate of First Class, Markapur & Maintenance Case vide M.C.No.06 of 2018 on the file of the Additional Judicial Magistrate of First Class, Markapur, under Section 125 of Cr.P.C. seeking maintenance and the same are pending for adjudication before the competent Courts at Markapur.

                  III. The petitioner would further pleaded that she being a woman, has been residing separately along with her children in her parents’ house and depending upon the mercy of her parents at Markapur. The distance between Markapur and Nandyal is approximately 120Kms and it is very difficult for her to travel to attend the case proceedings before the Court at Nandyal without any male assistance and that she was constrained to file the present petition, seeking transfer of C.C.No.659 of 2017 on the file of the Judicial Magistrate of First Class, Nandyal, Kurnool District, to the file of the Additional Judicial Magistrate of First Class or any other competent Court in the Markapur Town and Mandal, Prakasam District, for trial and disposal of the same.

3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1/State.

4. Perused the material available on record.

5. As seen from the material available on record, it is noticed that the petitioner is the de-facto complainant in C.C.No.659 of 2017 and she filed two (2) cases against the respondent No.2/husband and his family members i.e., Maintenance Case vide M.C.No.06 of 2018 & Domestic Violence Case vide D.V.C.No.09 of 2019 before the competent Courts at Markapur and the same are pending for adjudication. The grounds urged by the petitioner, seeking for transfer of C.C.No.659 of 2017 is that since the aforesaid cases are pending before the competent Courts at Markapur Town, Prakasam District, this present case i.e., C.C.No.659 of 2017, which is pending before the Judicial Magistrate of First Class, Nandyal, may be transferred to Judicial Magistrate of First Class, Markapur, Prakasam District.

6. The material on record prima facie shows that the petitioner herein is the de-facto complainant/victim and she filed a complaint before the III Town Police Station, Nandyal, after completion of investigation, the Sub Inspector of Police, III Town Police Station, Nandyal, laid a charge sheet and the same was numbered as C.C.No.659 of 2017 before the Judicial Magistrate of First Class, Nandyal, and the said case is pending for commencement of trial and summons were already issued to the petitioner and other witnesses. Moreover, the appearance of the petitioner herein is required only on one occasion i.e., on the date of recording her evidence in the said C.C.No.659 of 2017, her appearance is not required on the other days in connection with C.C.No.659 of 2017.

7. Therefore, I do not find any grounds to consider the request made by the petitioner. As seen from the material available on record, the Criminal Case has been instituted at about eight (8) years ago vide C.C.No.569 of 2017 and there is no progress in the said case.

8. On hearing learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1/State, I am of the considered view that it is desirable to direct the learned Judicial Magistrate of First Class, Nandyal, Kurnool District, to dispose of the C.C.No.659 of 2017 within a period of three (03) months from the date of receipt of a copy of this order and the learned Magistrate is directed to send the compliance report to the Registrar (Judicial).

9. With the above observations, the Transfer Criminal Petition is disposed of at the stage of admission. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.