Court rejected transfer petition filed by accused persons in matrimonial dispute alleging coercion. Held insufficient evidence of harassment to justify moving case from local magistrates to Hyderabad.
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HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY
TR. CRL PETITION NO. 158 OF 2012
ORDER:
This Criminal Petition is filed under Section 407 Cr.P.C, seeking this Court to give a direction to transfer C.C.No. 223 of 2009 from the Court of Judicial Magistrate of First Class, Medak, registered for offence punishable under Section 498-A IPC to any competent Court of Judicial Magistrate of First Class or Metropolitan Magistrate Court at Hyderabad or Ranga Reddy District for disposal.
The petitioners are the accused and the 2nd respondent is the de facto complainant in the C.C. The first petitioner herein is the husband of the second respondent herein. The second respondent is the native of Shalipet Village of Medak District. It is pleaded on behalf of the petitioners as follows: There are marital disputes between them. Her parents, her brother and her friends are threatening the petitioners to settle the matter on payment of Rs. 15,00,000/-to her claiming that otherwise they would foist false criminal cases against them. It is submitted that in fact the second respondent and her men being local candidates of Medak Town and also the second respondent having filed and lost Domestic Violence and Maintenance Cases, have been seriously pursuing to implicate the petitioners in criminal cases, they are also attacking the petitioner with the assistance of their local supporters, thereby
the petitioners gave a report to the local police at Medak against them but the local police have not taken any action by reason of which they have made a representation to the Superintendent of Police, Medak but even the Superintendent of Police, has not taken any action in the matter.
Heard learned counsel appearing for the petitioners and also learned Additional Public Prosecutor.
There is no good substance in the allegations made by the petitioners. Some of the allegations are on the basis of imaginations also. On the mere allegations that the second respondent, her parents and friends are causing terrorization by attacking the petitioners and threatening to settle the matter by paying Rs. 15 lakhs, without giving any specific instances and without approaching the police for necessary action, the case cannot be transferred from the Court of Judicial Magistrate of First Class, Medak to any competent Court to try the case at Hyderabad or Ranga Reddy. I see no grounds to interfere in the matter. Accordingly, the Transfer Criminal Petition is dismissed.
G. KRISHNA MOHAN REDDY, J
DATE: 14.08.2012 KA
1 issue framed by the court
Whether the allegations of harassment and lack of police action warrant transfer of the criminal trial to a higher court.
1 provisions across 1 enactments
HUSBAND OF SECOND RESPONDENT
ACCUSED
DE FACTO COMPLAINANT
G. KRISHNA MOHAN REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
