SURISETTI JAHNAVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This transfer criminal petition is filed under Section 407 of Criminal Procedure Code, 1973 (for "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 and 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. 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