PELURI VENKATA SRINADH Vs. STATE STATION HOUSE OFFICER

JUDGEMENT

(1.) I have heard learned counsel for petitioners, Mr. Yadavalli Ramesh as well as learned counsel for 2nd respondent, Mr. M.P.V.N.V. Sastri.

(2.) This petition is filed by the petitioners/accused under Sec. 407 of Code of Criminal Procedure (in short, 'Cr.P.C.') seeking transfer of C.C. No.65 of 2024 from Principal Junior Civil Judge -cum- Judicial Magistrate of First Class, Bobbili to Judicial Magistrate of First Class, Eluru, West Godavari District, on the ground that now the 1st petitioner is working as Finance Officer, IIIT College, Nuziveedu of Krishna Judicial District, whereas the 2nd petitioner is aged 65 years, residing at Naraspuram, the 3rd petitioner is practicing as Advocate at Kovvuru of West Godavari District, the 4th petitioner is working as School Assistant, Z.P. High School, Ganapavaram, the 5th petitioner is working as School Assistant, Z.P. High School, Mogalturu Village of West Godavari District and the 6th petitioner is working as Secondary Grade Teacher, MPP School, Thurputallu Village, Narasapuram Mandal of West Godavari District, due to that, it is difficult for them to attend before the court at Bobbili for each and every adjournment, which is at about 400 Kms. They submit that 2nd respondent/Wife is also working as Civil Assistant Surgeon Specialist (Ortho), Government Hospital, Chinthalapudi, West Godavari District and residing in the same village and four witnesses are also residents of West Godavari District, due to that, it may not be difficult for them to attend before the court and it is convenient for both sides to attend before the Court at Eluru. They pray to allow the petition.

(3.) None appeared for 1st respondent State and no counter affidavit is filed. The 2nd respondent/ wife/ informant/ defacto complainant filed counter affidavit denying allegations made in the affidavit of the 1st petitioner/A1. It is the contention of the 2nd respondent that admittedly petitioners have filed Crl. P. No.2411 of 2024. It is also the contention of the 2nd respondent that most of the witnesses in C.C. No.65 of 2024 are residents of Vizianagaram District, due to that, it is difficult for them to attend before the court at Eluru, if the request of the petitioners to transfer the case is considered.