Reshma Bhanu vs Mohd.Abdul Quayyum And 5 Others
2021 Latest Caselaw 4248 Tel

           THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

              TRANSFER CRIMINAL PETITION NO. 44 OF 2021

ORDER:

The present Transfer Criminal Petition is filed under Section

407 of the Code of Criminal Procedure seeking to transfer S.C.No.222

of 2017 on the file of the Senior Civil Judge, Sangareddy-cum-

Assistant Sessions Judge, Sangareddy to any coordinate Court at

Secunderabad.

2. Mr. K. Govind, learned counsel for the petitioner,

submits that petitioner has filed a domestic violence case at

Sangareddy. The case was posted to 06.04.2015. All the

respondents/accused attended the Court. At about 6.45 pm the

respondents came to the house of her parents with a proposal to

compromise and during the course of talks, respondent No.1 in a fit

of anger thrown the petitioner on the floor and throttled her neck

abusing why she has filed a case against him and his parents.

Basing on that she filed a complaint and the same was registered as

Crime No.246 of 2015 and numbered as S.C.N.222 of 2017. Now the

petitioner is seeking transfer of the said case to Secunderabad stating

that now she has shifted from Sangareddy to Secunderabad.

Learned counsel submits that it is in the interest of both the parties

the matter has to be transferred. He also relied on the order passed

by the Hon'ble Apex Court reported in Fajlor Rahman @ Mohamod

Fajloo @ Raju & Others v. State of Punjab1. He submits that the

Hon'ble Apex Court having considered the averments made by the

petitioner therein as well as the counter affidavits in the interest of

justice and fair play and more particularly in the interest and for the

convenience of the parties, the prayer of the petitioners for transfer of

1 2006 Crl.L.J. 3281

Criminal Case was allowed. Learned counsel for the petitioner also

submits that as per Section 407(1)(c) C.P.C., the Court may pass

orders of transfer when it is required by any provision of this Court,

or will tend to the general convenience of the parties or witnesses, or

is expedient for the ends of justice.

3. This Sessions Case is of the year 2017 and the domestic

violence case is admittedly pending at Sangareddy. It is also stated

that the said D.V.C. is posted for trial. Admittedly, in the Sessions

Case, trial has already commenced. Just because it is convenient for

the petitioner, at this point of time when the trial has already

commenced, this Court is not inclined to transfer the Sessions Case

from Sangareddy to Secunderabad. Even as per the judgment relied

on by the learned counsel for the petitioner, there is no ratio laid

down by the Hon'ble Apex Court. In the facts and circumstances,

this Court is of the view that at this stage, the Sessions Case cannot

be transferred.

4. Accordingly, the Transfer Criminal Petition is dismissed.

Miscellaneous applications, if any, pending shall stand

dismissed.

___________________________ LALITHA KANNEGANTI, J

10th December 2021 RRB