HON’BLE Dr. JUSTICE K.G.SHANKAR Transfer Criminal Petition No.165 of 2013 Date: 02-6-2014 Between Katipogu Sravanthi … Petitioner/L.W.2 and Muppala Naresh and 9 others … Respondents/Accused State of A.P., Rep. by Public Prosecutor, High Court, Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Transfer Criminal Petition No.165 of 2013 Order:
The petitioner is the respondent in O.P.No.48 of 2011 on the file of the Family Court, Anantapur. O.P.No.48 of 2011 was instituted by the 1st respondent herein seeking for restitution of conjugal rights against the petitioner herein. The petitioner, in her turn, filed O.P.No.54 of 2011 on the file of the same Court seeking for nullity of the marriage.
2. It is the contention of the petitioner that on 30-3-2011, while the petitioner was returning after attending the Court, she and her brother were kidnapped by the 1st respondent and his supporters and that ultimately, a case was registered against the respondents. She contended that the case instituted against the 1st respondent and others was numbered as Sessions Case 505 of 2011 on the file of the Principal Assistant Sessions Judge, Anantapur.
3. The learned counsel for the petitioner submitted that the petitioner has been presently staying at Kurnool. She is said to be undergoing House Surgeoncy in Dental Surgery and she is said to be with her parents. It is the contention of the petitioner that if she goes to Anantapur to attend the case, she is likely to be harassed further by the 1st respondent and his party. She submitted that in view of these circumstances, S.C.No.505 of 2011 on the file of the Principal Assistant Sessions Judge, Anantapur may be transferred to one of the Courts at Kurnool.
4. It is the contention of the learned counsel for the petitioner that the petitioner apprehends danger in the hands of the accused as the petitioner has to appear not only in connection with S.C.No.505 of 2011 but also in connection with O.P.Nos.48 and 54 of 2011 on the file of the Family Court, Anantapur. The petitioner seeks for transfer of S.C.No.505 of 2011 in this background.
5. Where the petitioner had already lodged a complaint alleging that the accused attempted to murder her and had kidnapped her, it would be appropriate to shift the case from Anantapur Town to some other Court. As the petitioner is said to be residing at Kurnool, I deem it appropriate to transfer the case to Kurnool for disposal in accordance with law.
6. Accordingly, S.C.No.505 of 2011 on the file of the Principal Assistant Sessions Judge, Anantapur is withdrawn from the Court and is made over to the Court of Principal Assistant Sessions Judge, Kurnool by way of transfer. The learned Principal Assistant Sessions Judge, Kurnool shall dispose of S.C.No.505 of 2011 on the file of the Principal Assistant Sessions Judge, Anantapur after receipt of the same in accordance with law. This petition is allowed accordingly. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
02nd June, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Transfer Criminal Petition No.165 of 2013 02nd June, 2014. (Ak)