RAYAPAKULASHANTHAMMA SHANTHI Vs. M.MAHESH

JUDGEMENT

(1.) This petition is filed by the petitioner, under Section 407 of the Code of Criminal Procedure, 1973, requesting to transfer SC.ST.S.C.No.157 of 2018 on the file of the Court of the learned Special Judge for trial of cases under SCs and STs(POA) Act-cum-VIII Additional Sessions Judge, Ananthapuramu, to any Court in Kurnool having jurisdiction to try the SCs and STs cases.

(2.) The case of the petitioner is that she is working as a staff nurse. She belongs to Scheduled Caste community. While she was working in Vishnubharathi Cancer hospital, Kurnool, the 1st respondent herein, who admitted his mother in the hospital for treatment, developed acquaintance with the petitioner and they both fell in love and the 1st respondent promised to marry her. Thereafter, when the 1st respondent informed her that he is going to marry another girl, she questioned him. Then the 1st respondent abused her in filthy language touching her caste and beat her indiscriminately. On the report lodged by her, a case in Crime No.172 of 2017 was registered by the III Town Police Station, Ananthapuram, against the 1st respondent for the offences punishable under Sections 323, 354, 417, 420 IPC and Section 3(1)(r)(w)(ii) of the SCs and STs(POA) Act. After conducting investigation, police filed charge sheet and the same was taken on file as SC.ST.SC.No.157 of 2018 on the file of the learned Special Judge for the trial of cases under SCs and Ts(POA) Act-cum-VIII Additional Sessions Judge, Ananthapuramu.

(3.) Learned counsel for the petitioner submits that the petitioner is a resident of Nandikotkuru of Kurnool District. All the witnesses are also residents of Nandikotkuru. The 1st respondent is a resident of Ananthapuram, where the case is pending. He has support of anti social elements. The 1st respondent is threatening the petitioner to withdraw the case and if she appears before the Court at Ananthapuramu to give evidence, he would see the end of the petitioner. The distance between Nandikotkuru and Ananthapuram is nearly 200 KMs. There is every possibility of life threat to the petitioner in the hands of the 1st respondent. Hence, to avoid untoward incidents, it is just and necessary to transfer the case from Ananthapuramu to Kurnool and if the case is not transferred to Kurnool, any amount of harm would be caused to the petitioner.