✦ High Court of India · 08 Jan 2025

The High Court · 2025

Case Details High Court of India · 08 Jan 2025
Court
High Court of India
Decided
08 Jan 2025
Bench
Not available
Length
1,049 words

2. Burra Srikruthi D/o. Burra Praveen, Aged about 08 years, Rlo. 15-21-11102' Balaji Nagar, Kukatpally, Hyderabad -500072

3. Burra Javisnu Charan S/o. Burra Praveen, Aged about 2 years, R/o. 15-21- 1 I 1 02, Balqi Nagar, Kukatpally, Hyderabad -500072. (Petitioner Nos. 2 and 3 being minors are represented by their natural mother Petitioner No'1) ...PET.,.NERS AND

1. THE STATE OF TELANGANA, High Court for the State of Telangana' Hyderabad, Rep by its Public Prosecutor.

2. BURRA PRAVEEN, S/o. Late Sathaiah, Aged about 41 years, Occ . Software Employee. Rl/o. Flat No.52, CBR Colony, Navya Road, Ameenpur, Sanga Reddy, Secunderabad, Telangana State

3. BURRA KISHORE, S/o. Late Sathaiah, Aged about 43 years, R/o H.No.2-5- 130, Anantha Nagar, Sircilla, Pin Code. 505 301, Telangana State. 4 BURRA PADMA, Wo. Burra Kishore, Aged about 38 Years. Occ. House Hold, R/o.H.No.2-5-130, Anantha Nagar, Sircilla, Pin Code. 505 301 Telangana State. '

5. CHEEPU MANOGYNA, W/o. Ch. Vasu, D/o. Late Sathaiah, Aged about 39 years, Occ. House Hold, R/o. Sree Dhatri Aadhya. Q9Y? ptr. 3rd Floor' Flat No.301, Bachupally, Hyderabad, Telangana State 500090. 6 CHEEPU VASU, S/o. Not known to Petitioner No 'l , Aged about 46 yearsr. Occ. Pvt Employee in Reddy Lab, Boliaram. R/o. Sree Dhatn Aadhya, G^9VP plus 39V, grb flbor, Flat No.301, Bachupally, Hyderabad, Telangana State 500 090

7. RANGU SRINIVAS, S/o. not known to the Petitioner No l Aged about 51 Mandal, years, Occ. Pvt Employee, R/o. Thaduru Village, l?ajanna Sircilla District, Telangana State, Pin Code 505 301. -Than-galapally .,.RESPONDENTS Petition under Section 447 of BNSS praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to TRANSFER DVC No.46 of zo24 pending before special Judicial Magistrate of First ctass (PCR) at Karimnagar to the Judiciat Magistrate First Class, Kukatpally, Hyderabad District. l.A. NO: 1 OF 2 024 Petition under Section 442(6) rrw F2g ot 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 DVC No.46 of 2024 pending before Special Judicial Magistrate of First class (pcR) at Karimnagar pending disposal of the above petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of sri K pradeep Reddy, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent No_ and of Sri_Advocate for the Respondent No. Counsel for the Petitioners: Sri K. pradeep Reddy Counsel for the Respondent No. 1: Sri Syed yasar Manoon, The Court made the following: ORDER Additional Public Prosecutor THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.Crl.P.No. 1 ll of 2o24 ORDER: This Transfer Criminal Petition is Iiled under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2O23, by the petitioners to transfer D.V.C. No.46 of 2024 pending on the file of the learned Special Judicial Magistrate of First Class (PCR) at Karimnagar, to the file of the learned Judicial Magistrate of First Class, Kukatpally, Hyderabad.

2. The brief facts of the case are that the marriage between petitioner No. 1 and respondent No.2 was solemnized on

22.O8.2OI3 and out of their wedlock, they are blessed u'ith tu,o children i.e., petitioner Nos.2 and 3. Thereafter, matrimonizrl disputes arose between petitioner No. I and respondent No.2. It is stated that due to intolerable harassment by respondent No.2, petitioncr No. I filed D.V.C. No.46 of 2024 under Sectio o 12 of Protection of Women from Domestic Violence Act ancl the szrme is pending belore the learned Special Judicial Magistrate of First Cl;rss (PCR) at Karimnagar.

3. IJeard Sri K.Pradeep Reddy, learned counsel appearing on behalf of the petitioners and Sri Syed Yasar Manoon, learned 2 SKS,J Tr.Crl.P.fl o.l ll of 2024 Additional Publrc Prosccutor for respondent No. I -State. Though notice was senred, 1lonc appeared on behalfof respondent No.2.

4. Learnecl counsel for the petitioners submitted that petitioner No. 1, along with hcr minor children, is presently residing at Hyderabacl and shc is not having any male support to accompany her to travel to Karimnagar, as such, it is difflcult to attend the Court at Karimnagar along with her minor children. Hence, he piayed the Court to transfer DVC No.46 of 2024 from the learned Special Judicial Magistrate of First Class at Karimnagar"

5. Having rr:gzrrd to the submissions made by both the learned counsel for thc petitioners and gone through the material available on record, sincc it is difficult for the petitioners to travel to Karimnagar, t>n cerch and cvery date of adjoumment, this Court deems it appro;rriatc to trans[er DVC No.46 of 2024 from the file of learned Speci:rl Judicial Magistrate of First Class (pCR) at Karimnagar to ttrt. fi[c of learncd Judicial Magistrate of pirst Class, Kukatpally, H_vrlcrabacl.

6. Accordinglr'. ttrc Transler Criminal petition is allowed and DVC No.46 of 2021 sr.]nds rransferred from the file of learned Special .JudiciiLl Magisrratc of First Class (pCR) at Karimnagar, to the flle of the lcarnec.l Judicial Magistrate of First Class, Kukatpallv, [{r dcr:rbad. Thc Court concerned is hereby directed to 3 SKS,J T!.Crl.P.No.I I1 of 2024 transmit the entire case file relating to DVC No.46 of 2O24, after duty indexed, within a period of One (1) month from the date of receipt of a copy of this Order, under intimation to the other side. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SdL P, PADMANABHA REDDY ASSISTANT REGISTRAR ION OFFICER '1. The Special Judicial Magistrate of First Class (PCR) at Karimnagar z ii,i" J,IJl"iri irtrgitttrt. Fiist ciass, Kukatp-ally, Hvderabad District 5. i;; cc; i; th;pubtic ciolJ"rioi, Hish'court f6r the state of Telansana at 4. ifi;-abi;Srir. Praoeep Reddv, Advocate [oPUC] 5. Two CD CoPies Hvderabad [OUT] To, $ HIGH COURT DATED: 08101,f2025 I , 1 rlE S r4re 18 iEl 2m ,\\q\ P1' 61Lll or,'/ /, o o :,, ORDER TRCRLP.No.111 ot 2024 ALLOWING THE TR.CRLP @q'" W

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