The High Court · 2025

Guduri Ganesh, S/o. Guduri Gangaram, Aged. about Qa Vgqr:' Occ Civil d;;;;.t".'il;. n.ruo. i-2-zttl9/"13. Krishia Nagar, Jagtial rown' Jagtial District. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana, at HYderabad , ...Respondents Petition Under Section 447 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Transfer criminal Petition, the High Corif ,rV be pleased to withdraw the S T C No 15 of 2024 trom the file of Hon'ble 1st Additional Judicial Magistrates of First class, at Jagtial and to transfer the same to the Court of Hln'ble Principal Judicial Magistrate of First Class, at Sircilla, Rajanna Sircilla District' I.A. N O: 1 OF 2025 PetitionunderSection,l5lofCPCprayingthatin.thecircumstances stated in the affidavit filed in support of the petition, the High court may be oi"r.eO to Stav all further proceedings in S T'C No 15 of 2024 on the file of 'H;;[; i.t-niaitionur Judiciat MagiJtrates of First Class, at Jagtial pending disposal of the above Transfer Criminal Petition' This Petit'on coming on for hearing, upon perusing the Memorandum of Grounds of Transfer Criminal Petition and upon hearir,l the arguments of Sri V V Ramana Rao, Advocate for the Petitioner and Srr llyed Yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent Nc 2 and of Sri K.Venu Madhav, Advocate for the Respondent No.1. The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.26 I 2o.25 ORDER: This transfer criminal petition is filed praying this Court to transfer STC.No. 15 of 2024 pending on the hle of the I Additional Judicial Magistrate of First Class, at Jagtial, to the file of the Principal Judicial Magistrate of First Class, at Sircilla, Rajanna Sircilla District.

2. Heard Sri W.Ramana Rao, learned counsel for petitioner, Sri K.Venu Madhav, learned counsel for respondent No. 1, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for respondent No.2 - State.

3. Learned counsel for the petitioner submitted that the petitioner is the legally wedded wife of respondent No. 1, and their marriage was solemnized on 06.O2.2019 at Sircilla, Rajanna Sircilla District. The couple initially lived together peacefully and were blessed with a daughter, Guduri Adhya Sree, now aged about four years. However, 2 .,:*\'1-::€ the petitioner was subsequently subjected to pl-rvsical and mental harassment by respondent No. 1 and -ris mother, who dt:manded an additional dowry of Rs.2,00 00,000/-. Despite: her father providing Rs.7,00,000/- to rneet their demands, the harassment continued, culmirLating in a violent assault on O2.I2.2O19 due to which a criminal complaint was lodged, resulting in registration of a case and f-rling of charge sheet in C.C. No. 1008 of IIC,21 on the hle of the Judicial Magistrate of First Class, at Sircilla. He averred that though the matter was compromised and closed before the Lok Adalat Bench on 1 1 . 1 '..',.'2021 , the responrlent resumed his abusive conduct, demanding Rs.50,OO,O00 l- and ultimately assaulted anc drove the petiliorrer out of the matrimonial home on 13 1O.2O23. A fresh c,rmplaint was lodged, leading to registration of Crime No. 565 of 2023 and filing of charge sheet in C C. No. 179 of 2O2^, u.hich is presently pending. The petitiorrer has also institul:ed D.V.C. No. 45 of 2024 seeking maintr:nance and comperlsation, on the Iile of the Judicial Magistrate of First Class, a.t Sircilla. 3

4. Learned counsel further submitted that during the course of cohabitation, respondent No. 1 forged and misused a cheque bearing No. 027443 dated 18.12.2023 for Rs.5,00,00O1-, and subsequently hled S:T.C. No. 15 of 2024 before the Hon'ble I Additional Judicial Magistrate of First Class, Jagtial, alleging dishonour of the said cheque. He averred that the petitioner is presently residing at Sircilla, is suffering from illness and is financially dependent on her aged parents. She is unable to travel to Jagtial, which is approximately 50 kilometers away, due to lack of adequate transport, absence of support, and apprehension of threat to her safety. In view of these compelling circumstances, and to avoid multiplicity of proceedings, the petitioner seeks transfer of S.T.C. No. 15 of 2024 to the Court of the Hon'ble Principal Judicial Magistrate of First Class, Sircilla, to be tried along with C.C. No. 179 of 2024 and D.V.C. No. 45 of 2024, in tl:,e interest of justice and to prevent irreparable hardship. Therefore, prayed this Court to allow this Transfer Criminal Petition. 4

5. On the other hand, learned counsei fol n:spondent No.l srrbmitted that there are no grounds to l.r'irllsfer case from Jagtial as it is the respondent No.1 who is victim in the hands of petitioner. He contended that tran:;[' rs cannot be entertained at the instance of accused for ,,r complaint relating to offence under Section 138 of Negotiable Instrurnents Act. Therefore, prayed this Court to dismiss t his Trrrnsfer Criminal Petilion.

6. llaving regard to rival submissions ma dt: and on going through the material placed on record. it is noted that this transfer petition is filed to transfer -q! C)., filed by the husband of petitioner herein, on the grounc that she is no lonl5er residing with respondent No.1 and ir; sepzrrately residing'*,ith her parents and to avoid multipli( ity o[ cases as there arc already two cases pending in Sir<'illa. Though learnec <:ounsel for respondent No.1 contr:nded that transfers cannot be granted at the instance :rf accused, keeping in rnind the fact that there ..ri: special circumstances in this case and there are otl cr pending cases il Sircilla, so as to avoid multiplicity of p roceedings, 5 this Court is of the opinion that sufficient grounds are made out to allow this transfer criminal petition. 7 . Accordingly, this Transfer Criminal Petition is allowed. S.T.C. No. 15 of 2024 stands transferred from the Court of I Additional Judicial Magistrate of First Ciass, at Jagtial, to the Court of the Principal Judicial Magistrate of First Class, Sircilla. The Court concerned is hereby directed to transmit the entire case file relating to S.T.C. No. 15 of 2024 after duly indexed, within a period of one (1) month from the date of receipt of a copy of this order, under the due intimation of the sarne to the other side. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed 5ol- A.PRATHIMA DEPUTY REGISTRAR U //TRUE COPY// SECTION OFFICER To,

1. The I Additional Judicial Maoistrate of First Class' Jagtial 2. The Station House Otticei'-Sittifi' pofi"" Station' Raianna Sircilla 3. Two CCs to Public t'o"!"*"*'iiign c""t-i"itn" stite of relansana at 4 E Hvderabad [OUT] o,iJ;a; s';v V Rr'n'n" Rao' Advocate t-9?Y'cr ffi;; ii 6..i r v"n,*adhav' Advocate loPuc] Two CD CoPies w A]}K/PSL ].--. -:.. '- { .::-':,. ,;.:\ 7U5 i;;;l ,--a,'i , ,-', ) t. i 5it) HIGH COURT DATED: 2110812025 ORDER TRCRLP.No.26 of 2025 ALLOWING THE TRCRLP q.cocu[ -"-S.-w