The High Court · 2025

1. The State of Telangana, its rep PP High Court of Hyderabad 2. Smt.K.Chandrakala, D/o. Rangaiah, W/o. Late Puppala Sattaiah, Aged about 51 years, Occ. Business, R/o.H.No.7-1971711 ,'X' Road, 4th Ward. Tirumalagiri Town and Mandal, Suryapet District508223, TG. Mobile No. 97 0 1 334293, 957 3484022. ...Respondents/Complai na nt Petition under Section 447 of BNSS, 2023 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to withdraw the D.V.C No. 48 of 2023, which is pending on the file of the Hon'ble lV-Metropolitan Magistrate, Medchal-Malkajgiri District, at L. B. Nagar, and transfer the D.V.C. No. 48 of 2O23, before the Hon'ble Family Court, at suryapet District, or any other appropriate courts in suryapet District, having jurisdiction over the case, t6 try the D.v.c. No. 48 ot zo2z, because same complainant son, i.e., K.Bhanuteja fired a farse and frivorous suit, o.s.No. 0312023, suit for partition and separate possession before the Hon'ble Senior civil and Asst.sessions Judge, at Suryapet, suryapet District, in order to avoid the_ conflicting orders/judg ments in various false cases filed by the complainant and her son, and to grant such other relief or reliefs as this Hon,ble court may deems fit and proper in the circumstances of the case. l.A. NO: 1OF 2024 Petition under Section 447 of BNSS, 2023 praying that in the circumstances stated in the affidavit filed in support ot ine-pe-tition, the High court may be pleased to grant stay of afl further proceedings incruding appearance in D.V.C.No. 48 of 2023, which is pending on the file oithe Hon,ble lV-Metropolitan Magistrate, Medchal-Markajgiri Districl, at L. B. Nagar, pending disposal of the Transfer Criminal petition. l.A. NO: 1OF 2025 Petition under section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ine Hign court may be pleased in the interest of justice to condone the delay of (114) days in repreienting the writ Petition and pass such other order or orders as this Hon,ble iourt deeris fit and proper in the circumstances of the case. l.A. NO: 2 OF 2025 Between: Smt.K.Chandrakala, Dio Bglg.gt-,_, ry1q. Latepuppata Sattaiah, Aged about. 51 years, occ. B_usiness, R/o.H.Nb.7-197nr. 'x' Roari, 4th ward. TirLimaraoiri rown g!9.!Y?E?L Suryapet District-508223, TG Mobite r.ro gzOirJ+ZSJ 9573484022 AND 1 Kommineni _Y,adagi1, :Slo; ^ L?!e Sattaiah, Aged about. 64 years, Occ. Agriculture,. R/o. H.No.7-212, Near Malieshwaii Theitei. fiirriLgni f;r; and Mandal, Suryapet District, TG. 2. Smt.Kommineni Vijaya, Wo. K.yadagiri, Aqed about. 57 years, Occ. Housewife, R/o. H.No.7-212, Near Maliieshwa"ri fneit",, fnrmlLgni fi;r;i and Mandal, Suryapet District, TG. 3. Kommineni Sathish Kumar, S/o. K.yadagiri, Aoed about. 39 years, Occ. B-usiness, Rl/o. H.No.7-212.Near Mailieshr,iari rh6ater, rrrumatagiiiiorin-;; Mandal, Suryapet District, TG. ' [!I,[T::4,3:?,t{z5rTi!"11",5;I3,l,i3ll'tf:%",i,1fl,1h,',,'d,'fl*":"* Mandal, Suryapet District, TG.

5. Kommineni Jayachandar, S/o.K.Yadagiri, Aged about. 30 years, Occ. Business, R/o. H.No.7-212, Near Mallieshwari Theater, Tirumalagiri Town and Mandal, Suryapet District, TG. ... Respondents/ Petitioners

6. The State of Telangana, its rep by its State PP High Court of Hyderabad ... Respondents/Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the lnterim Order dated 30.08 2024 passed in TRCRLP.No.75 of 2024 in the interest of justice and to pass such other order or orders that are deemed fit and proper in the circumstances of the case. TRANSFER CRIMINAL PETITION NO: 78 OF 2024 Between: Kommineni Yadagiri, S/o. Late Sattaiah, Aged about.64 years, Occ. Agriculture, R/o. H.No.7-212, Near Mallieshwari Theater, Tirumalagiri Town and Mandal, Suryapet District, TG. ...Petitioner/Respondent in MC AND

1. State of Telangana, Rep by its State Public Prosecutor High Court at Hyderabad

2. Smt.K.Chandrakala, D/o. Rangaiah, Wio. Late Puppala Sattaiah Aged about. 51 years, Occ. Business, R/o.H.No.7-1971711, X Road,4th Ward, Tirumalagiri Town & Mandal, Suryapet District-508223, TG. Mobile No 9701334293, 9573484022.

3. K.Banuteja, S/o. Late Puppala Sattaiah, Aged about. 24 years, Occ. Private Employee, R/o.H.No.7-'1971711 ,'X' Road,4th Ward, Tirumalagiri Town and Mandal, suryapet District-508223, TG f\ilobile No. 970 1 33429 3, 957 3484022 ... Respondents/Petitioners in MC Petition under Section 447 of BNSS, 2023 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to withdraw the M.C. No. 63 of 2023, which is pending on the file of the Hon'ble Judge, Family Court, Medchal-Malkajgiri District, at Malkajgiri, and transfer the M.C. No. 63 of 2023, before the Hon'ble Family Court, at Suryapet District, or any other appropriate Courts in Suryapet District, having jurisdiction over the case, to- try the M.C. No. 43 of 2023, because same 2nd respondent herein, i.e., K.Bhanuteja filed a false and frivolous Suit, O.S.No. 03/2023, suit for partition and separate possession before the Hon'ble Senior Civil and Asst.Sessions Judge, at Suryapet, Suryapet District, in order to avoid the conflicting orders/judgments in various false cases filed by the respondents, and to I.A. NO: 1 OF 2024 Petition under section 52g of BNSS praying that in the circumstances stated in the affidavit filed. in.. support of the p"tition the High Court may be qleasg! 10 grant stay of ail furrher proceedings incruding ,ppeairnc" in rr,l Cl No. ?? gf 20??, which is pending on the fite oi th. Honbt. Judge, ramiry Court 'criminat Medchal-Malkajgiri District, at Markajgiri, pending disposar of the-Transfer Petition. l.A. NO: 2 OF 2024 Between: 1 Smt.K Chandrakala, D/o. Rangaiah, W/o. Late puppala Sattaiah, Aged about. !i years ocj. Business, R/o.Fr.No 7-1g7rzli, 'x;A6io, 4rh ward .lry11qtqg1 town and Mandat, Suryapet District_508223, IG. Mobite No. 97 0 1 334293. I 57 3484022 K.Banuteia, S/o. Late puppll?_ Sa.ttarah, Aged about 24 years, Occ. private Emptoyee, R/o. H. No. 7 - 1 97 I ! !1,' x, n"ri, itt wrio,'Tirumatagiri Town a nd Mandat, suryapet Diskict-s08223, TG tuiobite' N;.lio i seazg'j, siz sqliozz ...Petitioners/Respondents'No. 2 & 3 AND 1 Kommineni Yadaoiri. _Sloj _ L?!e Sattaiah, Aged about. 64 years, Occ. Agricurture Rto. f.ruo z-2t2, N;r,-M;r;;shwari rheater, Tirumaraoiri rown and Mandat, Suryapet District, TG. ... R"ip;;;;;#E!'triiyiii.l:

2. The State of rerangana, its rep by its state pp High court of Hyderabad ...Respondents/Respondents Petition under section 52g of BNSS, 2023 praying that in the circumstances stated in the affidavit fired in support of the petition, tn" Hign court may oe pleased to vacate the rnterim orders dated 3o/o'Bt2o24 passed ii rncnr_p [6. za of 2024 in the interest of justice and to pass These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri. chandrasekhar Reddy Gopireddy, Advocate for the petitioners in both cases and the Public Prosecutor on beharf of the Respondent No.1 in both cases and of sri Rapolu Bhaskar, for the Respondent No. 2 in both cases. The Court made the following: ORDER I THE HONOURABLE SMT JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION Nos.75 AND 78 of 20.24 ORAL COMMON ORDER: Since the ft-s and parties involved in both the petitions are same, they were heard together and are disposed of by this common order. 2- Tr.Crl.P.No.75 of 2024 is hled praying this Court to transfer DVC.No.4S of 2023 pending on the file of the ' IV Metropolitan Magistrate, Medchal Malkajgiri District, at LB.Nagar, to the file of the Family Court, at Suryapet District' Tr.Cr1.P.No.78 of 2024 is filed praying this Court to transfer MC.No.63 of 2023 pending on the {ile of the Family Court, Medchal Malkajgiri District, at Malkajgiri, to the hle of the competent Court at Suryapet District.

3. Heard Sri Chandrashekhar Reddy Gopireddy, learned counsel for petitioners, and Sri Rapolu Bhaskar, learned counsel for respondent No.2.

4. Learned counsel for petitioners submitted that the allegations leveled against the petitioners are entirely false and z SKS,J Tr.Crl.P.Nos.75 & 78 oi2024 baseless. He averred that 1st petitioner has been married to the

2.d petitioner since 1982 and they are blessed with three children together. He contended that the complainant lacks the authority to file the application under the protection of Women from Domestic Violence Act, 2O05, as she is not a resident of the jurisdiction and has no relation with the petitioners. He alleged that the complainant has hled fabricated documents, including a false afhdavit and rental agreement, to support her false claims and that she has made inconsistent statements in different Court proceedings, including DVC No. 4g/2O23 and M.C. No. 63 /2023 which amounts to abuse of the process of law and that only with an intention to harass the petitioners by hling multiple false cases, out of jurisdiction including O.S. No. 03/2023, M.C. No. 68/2023, and DVC No.4al2023, ard also with an intention to extract money from them. Therefore, while advocating that to avoid multiplicity oi proceedings and placing reliance on the judgments rendered by the Hon,ble Supreme Court in several such instalces, he prayed this Court to allow these transfer criminal petitions, transferring M.C.No.6g/2O23, and DVC.No.48/2O23 to the file of competent Court in Suryapet District. ':rry7 I I I 3 SKS,J Tr.Crl.P.Nos.75 & 76 of 2024

5. On the other hand, learned counsel for respondents filed counter, opposing the submissions made by learned counsel for petitioners, stating that the grounds submitted for trartsfer of MC., and DVC., are not at all maintainable and the OS'' was hled at Suryapet District as the suit property was situated in Suryapet. He averred t1.at even assuming that the said MC'' and DVC are transferred to the Court where OS'' proceedings are pending, a,ll the matters cannot be taken up together as the suit is adjudicated by senior civil Judge and DVC is triable before Magistrate. Further, he asserted that respondent No'L is suffering with severe ailments due to which she cannot travel from Medchal to Suryapet on each and every date of proceedings. Therefore, while advocating that the transfer as sought for is not maintainable, he prayed this Court to dismiss the transfer Petitions. 6- Having regard to rival submissions made and on going through tJ'e material placed on record, it is noted that these transfer petitions are primarily fi1ed on the ground that OS'' is pending before the Court in Suryapet and so as to avoid multiplicity of proceedings, the said MC', and DVC'' cases be transferred to the competent Court at Suryapet' However' it is I I 4 SKS,J Tr.Cr].P.Nos.75 & 78 of 2024 pertinent to mention that the nature of trial in MC., DVC., and OS., being different, even assuming that MC., and DVC., are transferred, all the matter cannot be tried along with OS., as OS., is hled for partition of joint family property and MC., and DVC., pertain to domestic violence. Further, though learned counsel for petitioners relied on several judgments, the same do not come to the aid of petitioners in view of factual differences. Therefore, there are no merits in these transfer criminal petitions, and the same are liable to be dismissed. 7 . Accordingly, these Transfer Criminal petitions l dismissed. There shall be no order as to costs. Misct-'llaneous applications, if any pending, shall stand closec[. //TRUE COPYII Ass'siitfl???,!'#1'*. / I ECTION OFFICER Metropolitan Masistrate, Medchal-Markajgiri Dishicr, at il:?nI#o't'""a1 I;a"":r";l'ff,llic Prosecutor, Hish court for the state of reransana at One CC to Sri. Cl-randrasekhar Reddy Gopireddy Advocate [OPUC] one CC to Sri Raporu Bhaskar, A;ril;i#Uli"'"' Two CD Copies \ To, 1 2

4. 4 DUgh d d HIGH COURT DAf ED:2410212025 COMMON ORDER TRCRLP.No.7S AND 78 ot 2024 I \ r,(C S f 4i( o o ,+ 18 !t[it 2015 C ) E-sp yC DISMISSING THE TRANSFER CRIMINAL PETIITONS @a'rB ffi,