THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
TRANSFER CRIMINAL PETITION No.58 of 2019
ORDER:-
This transfer criminal petition is filed under Section 407 of
Criminal Procedure Code, 1973 (for short "Cr.P.C") seeking to
withdraw C.C.No.1843 of 2017 on the file of I Additional Chief
Metropolitan Magistrate, Visakhapatnam and transfer the same to
the Court of V Additional Judicial Magistrate of First Class,
Kakinada, East Godavari District.
2. The petitioner herein is the wife of 2nd respondent herein,
who is accused No.1 in C.C.No.1843 of 2017 registered for the offences punishable under Section 498-A, 509 of Indian Penal Code, 1860 (for short "IPC") and Section 3 & 4 of Dowry Prohibition Act.
3. The facts of the petition, in nutshell are that the marriage of the petitioner was solemnized with the 2nd respondent herein on 13.03.2017 by giving dowry of Rs.25 lakhs and other lanchanams. Thereafter due to some disputes cropped up between the petitioner and 2nd respondent, C.C.No.1843 of 2017 came to be registered at the instance of the petitioner herein. Subsequent to registration of the case, the 2nd respondent completely neglected to maintain the petitioner, as such she filed D.V.C.No.30 of 2018 and M.C.No.5 of 2018 on the file of V Additional Judicial Magistrate of First Class, Kakinada, East Godavari District. It is also stated that in spite of pendency of criminal proceedings against the respondents 2 to 4, the 2nd respondent flew away to United State of America and the 1st respondent-police did not take any steps to secure his presence. 2 The petitioner came to know that the 2nd respondent had authorized one Dindi Kiran Kumar to represent on his behalf. Hence, in order to avoid conflict of opinions in the above cases, the petitioner has approached this Court
4. Heard Sri A.K.Kishore Reddy, learned counsel for the petitioner and the learned Public Prosecutor for the 1st respondent- State. Learned counsel for the petitioner filed a memo showing proof of service notice on respondents 2 to 4, but none appeared on their behalf.
5. Learned counsel for the petitioner submits that since D.V.C.No.30 of 2018 and M.C.No.5 of 2018 filed by the petitioner are pending on the file of V Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, it is just and necessary to transfer C.C.No.1843 of 2017 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam to Kakinada in order to avoid conflicting of opinions. He submits that the 1st respondent- police did not take any steps to secure the presence of the respondents, which caused much delay in proceeding with the case.
6. It is the contention of the petitioner as D.V.C.No.30 of 2018 and M.C.No.5 of 2018 filed by her are pending at Kakinada, it is necessary to transfer C.C.No.1843 of 2017 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam to Kakinada. It is indeed needless to make emphasis that the trial in a criminal case is completely different from enquiry in maintenance case or domestic violence case. The acquittal or conviction in a criminal case cannot conclude the enquiry proceedings in the 3 maintenance case or domestic violence case. The Hon'ble Apex Court and this Court laid down the law in catena of judgments with regard to above proposition of law. Therefore, the contention of the petitioner that in order to avoid conflicting of opinions, it is necessary to transfer C.C.No.1843 of 2017 from Visakhapatnam to Kakinada is devoid of merits.
7. In the result, the transfer criminal petition is dismissed. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________________ JUSTICE LALITHA KANNEGANTI 5th February, 2021 PVD 4 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI (DISMISSED) TRANSFER CRIMINAL PETITION No.58 of 2019 5th February, 2021 PVD