✦ High Court of India · 14 Aug 2025

The High Court · 2025

Case Details High Court of India · 14 Aug 2025
Court
High Court of India
Decided
14 Aug 2025
Length
1,330 words

Petrtion under sectron 447 (6) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in D.V.c No. 7 of 2oiq on the file the Hon'ble Judicial First class Magistrate, at Medak including appearance of the Petitioners in the said D.V.C This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri poNNAM TMAHESH BABU ,Advocate for the petitioner and the public prosecutor (TG/Ap) on behalf of the Respondent No. and of Sri_Advocate for the Respondent No. Counsel for the Petitioners : Sri Ponnam Ashok Goud representing Sri. Ponnam Mahesh Babu Counsel for the Respondent No. 1 : None appeared Counsel for the Respondent No. 2: Sri Syed yasar Mamoon Additional Public Prosecutor The Court made the following: ORDER THE HONOURABLE SMT STICE K. SUJANA TRANSFER CRIMINAL P TION No.28l2O25 ORAL ORDER: This transfer criminal Pe Court to transfer DVC'No'7 of 2 the Judicial Magistrate of First of the Judiciai Magistrate of F having comPelenI jurisd iction ' tion is hled PraYing this 24 pending on the hle of lass, at Medak, to the file st Class, at KukatPally' 2 Heard Sri Ponnam Ash representing Sri Ponnam Mah for petttroners, and Sri SYed Additional Public Prosecutor fo Goud, learned counsel sh Babu, learned counsel Yasar Mamoon, learned respondent No2 - State' None apPeared for resPondent i

3. Learned counsel for Pe marriage between the Petition was solemniz ed ot 25.O8'2O2 customs at Hotel Swagath tioner submitted that the r and the 1st resPondent 1 as Per Hindu rites and Grand, Suchitra Circle, Hyderabad, and thereafter, th parties resided together as &r 2 husband and wife. However, due to the persistent quarrels, abusive conduct, and llnancial exploitation by the 1st respondenr and her family, the petitioner was subjectecl to immense mental distress. He contended that on 09.LO.2023, the lst respondent abruptly left the matrimoniai home, taking with her gold ornaments and valuables belonging to the petitioner, and has since severed all matrimonial ties whilc residing with her parents. Subsequen tly, she initia ted false and frivolous proceedings against the petitioner and his family, including hiing of D.V.C No. 7 of 2024 under Section 12 of the protection of Women lrom Domestic Violence Act, 2OOS, and M.C No. 9 of 2024 under Section 125 Cr.p.C., seeking maintenance of Rs.2O,O0O/ per month.

4. He further contendecl that the 1st responclent has deliberately misrepresented her residential address in Court filings as H.No. l-3 44 / A, Fathe Nagar, Medak, which is currently occupied by a furniture shop, whereas she actually resides at Plot No. 20 i, Dhanlaxmi Aparrments, Venkataramaiah Colony, Medchal-Malkajgiri District, and -7 3 1S employed as a software ngineer at Accenture, Nanakramguda, Gachibowli. his employment and residence were admitted by her in response to a legal nolice dated 25.10.2024, thereby contr dicting her earlier claims of unemployment and false add ss. The petitioner lurther submits that there are criminal ses pending against the father of the 1st respondent, and he has received threats to his life, rendering it unsafe to at nd proceedings at Medak Court. In view of the above, d considering that the petitioner has already hled F.C O.P vide Sr. No. 1168 of 2025 before the VI Additional Di trict Judge, Kukatpally, it is just, convenient, and in the interest of justice, equity, and fair trial that D.V.C No. 7 o 2024 be transferred to the Judicial First Class Magistrat at Kukatpally, to avord mul tiplicity of proceedings. I t

5. Considering the submissi ns made and on Perusing the material on record, this C urt deems it fit to transfer DVC.No.7 of 2024 pending o the hle of the Judicial Magistrate of First Class, at Medak, to the file of the Judicial Magistrate of First C ass, at Kukatpally, having 4 competenl jurisdi<:tion, where FCOP filed by petitioner is pencling, so as to prevent unnecessary duplication of proceedings-

6. Accrrrclingly, this Transfer Crimina.l Petition is allou.ed, and DVC.No.7 of 2024 pending on [he [rle of the Judicial Magistrate of First Class, at Medak, stands transfcrrecl to thc competent Court at Kukatpally. The Court concerned is hereby directed to transmit the entire case file rt:lating to DVC.No.7 of 2024 after dul1. indexed, within a pr:riod of one (1) month from the date ol-rccr:ipt of a copy of this ordcr, under Lhe due in[imation of the same to the other side. There shall be no order as to costs. Miscellaneous applications, if any pending, shalI stand closed SD/.MOHD. ISMAIL DEPUTY REGISTRAR //TRUE COPY// SECTION OFFTGER To,

1. The Judicial First Class Magistrate, at Medak' Z. fne Judicial First Class Magistrate, at Kukatpally 5. On" CC to Sri. Ponnam lvlahesh Babu' Advocate IOPUC] 4. Two CD CoPies DL/PSL a"-.H HIGH COURT DATED:14l08/2025 ORDER TRCRLP.No.28 of 2025 ; *CTATc \, ? (a -l' ?)o c) I \ 'i'ii6 1g N\t -t D5sF'/rI IJ s I * ALLOWING THE TRANSFER CRIMINAL PETITION Iro

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