Bhukya Chidambar Rao vs Bhukya Preethi

This Petition is filed to withdraw C.C.No. 844 of 2021 from the file of the II Additional First Class Magistrate at Kothagudem and transfer the same to the Court of the Judicial Magistrate of I Class, Mahabubabad.

The brief facts of the case are: Petitioner No.1 married the 1st respondent on 19.08.2018 and at that time, cash of Rs.20 lacs and gold ornaments were given to the accused towards dowry. Immediately after consummation of marriage, the accused started harassing the 1st respondent to meet their demand for additional dowry. After giving birth to a male child on 14.10.2019, the 1st respondent was not taken to her matrimonial home and further, petitioner No.1 demanded divorce. The 1st respondent after waiting for three months, lodged a report against the petitioners and the same was registered as Crime No. 14 of 2020 for the offences punishable under Sections 498-A IPC. and Sections 3 and 4 of the Dowry Prohibition Act and also a domestic violence case. The police after investigation filed the charge-sheet in Crime No. 14 of 2020 which was numbered as C.C.No. 844 of 2021 on the file of the II Additional Judicial Fist Class Magistrate at Kothagudem. In the meanwhile, the 1st petitioner filed H.M.O.P.No.94 of 2019 on the file of the Senior Civil Judge’s Court at Mahabubabad for dissolution of marriage.

Learned counsel for the petitioners Sri B. Balaji submits that the 1st respondent herein has filed the cases under Section 498-A IPC. and under the provisions of the Domestic Violence Act. It is submitted that after investigation, police filed the charge sheet in the crime registered for the offence under Section 498-A IPC. and the same was numbered as C.C.No. 844 of 2021 on the file of the II Additional First Class Magistrate at Kothagudem. It is submitted that DVC is also pending at Kothagudem where the petitioners filed an application to dispense with their presence. Learned counsel submits that when the 1st petitioner was attacked at Mahabubabad, questioning the high-handed action of police, he approached the Human Rights Commission and as well filed Writ Petition No. 21561 of 2021 before this Court to direct the respondents not to interfere with the life and liberty of the petitioners pending disposal of the Writ Petition. It is stated that this Court by order dated 08.09.2021, directed Respondents 3 to 9 therein not to interfere with the life and liberty of the petitioners in any manner. Learned counsel submits that the incident had happened at Kothagudem which is a forest area and further, the distance between Mahabubabad and Kothagudem is 150 kms. It is also stated that the 1st petitioner – husband is a software employee working at Bangalore, the 2nd petitioner – mother-in-law is suffering from cardiac problem, therefore, it would be very difficult for them to travel all the way to Kothagudem. On this ground, learned counsel requests that C.C.No. 844 of 2021 may be transferred from II Additional First Class Magistrate at Kothagudem to the Court of the Judicial Magistrate of I Class at Mahabubabad.

A counter-affidavit was filed by the 1st respondent. Learned counsel for the 1st respondent submits that the above grounds are invented for the purpose of filing this Petition. He submits that the Court below has already granted maintenance to the wife and child, but the 1st petitioner is not honouring the said order. He submits that the petitioners could not make out any ground for transfer of the case from Kothagudem to Mahabubabad.

Having heard the learned counsel on either side, perused the material on record.

The grounds which are set out by the petitioners for transfer of the case are not tenable and further, domestic violence case is still pending at Kothagudem. If the crime registered under Section 498-A IPC. is transferred from Kothagudem to Mahabubabad, the entire prosecution machinery has to move from Kothagudem to Mahabubabad. Hence, this Court finds no reason to transfer the same.

The Transfer Criminal Petition is accordingly, dismissed.

The miscellaneous Applications, if any shall stand closed.