Transfer criminal petition to move a private complaint from Dhone to Anantapur based on the petitioner's residence distance was dismissed due to inconvenience to respondents.
Transfer criminal petition dismissed; case remains with Judicial First Class Magistrate, Dhone.
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THE HON’BLE SRI JUSTICE K.C.BHANU
TRANSFER CRIMINAL PETITION No.231 OF 2010
ORDER:
This Transfer Criminal Petition, under Section 407 of the Code of Criminal Procedure Code, 1973 is filed to transfer C.C.No.167 of 2010 from the file of the Judicial First Class Magistrate, Dhone, Kurnool District to the Additional Judicial First Class Magistrate, Anantapur.
Petitioner is the wife of respondent No.2. She filed a private complaint under Section 200 Cr.P.C., for the offences punishable under Section 498-A I.P.C., and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and the same is pending.
Case of the petitioner is that she is residing at Anantapur at her parents’ house. It is stated that she is aged about 31 years having seven months child and it is very difficult to her to attend the Court proceedings at Dhone, which is about 150 kms from Anantapur. Therefore, she filed the present petition to transfer C.C.No.167 of 2010 from the file of the Judicial First Class Magistrate, Dhone, Kurnool District to the Additional Judicial First Class Magistrate, Anantapur.
Heard.
The High Court may order transfer of a case from one Court to another Court, if it appears to it expedient in the interests of justice. Balance of convenience is one of the criteria for effecting transfer of a case from one Court to another Court under Sections 407 Cr.P.C. It must relate to convenience of both parties. If the case is transferred to Anantapur, it would cause inconvenience to the respondents. Therefore, there are no grounds to transfer the case and hence, the petition is devoid of merit and is liable to be dismissed.
Accordingly, the transfer criminal petition is dismissed.
JUSTICE K.C.BHANU
Date: 16.08.2012 ES
2 issues framed by the court
Whether a transfer of a criminal private complaint is justified when the petitioner's residence and the convenience of respondents suggest balancing would defeat transfer.
Whether the distance of the court from the petitioner's residence alone constitutes sufficient ground for transfer under Section 407 Cr.P.C. when it causes inconvenience to respondents.
4 provisions across 4 enactments
Petitioner (wife of Respondent No.2)
Respondent No.2
K.C.Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
