Telangana High Court
Kommineni Yadagiri, vs The State Of Telangana, on 24 February, 2025
THE HONOURABLE SMT JUSTICE K. SUJANA
TRANSFER CRIMINAL PETITION Nos.75 AND 78 of 2024
ORAL COMMON ORDER:
Since the lis 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 filed praying this Court to
transfer DVC.No.48 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.Crl.P.No.78 of 2024 is filed praying this Court to transfer
MC.No.63 of 2023 pending on the file of the Family Court,
Medchal Malkajgiri District, at Malkajgiri, to the file 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
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Tr.Crl.P.Nos.75 & 78 of 2024
baseless. He averred that 1st petitioner has been married to the
2nd 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, 2005, as she is not a resident of
the jurisdiction and has no relation with the petitioners. He
alleged that the complainant has filed fabricated documents,
including a false affidavit and rental agreement, to support her
false claims and that she has made inconsistent statements in
different Court proceedings, including DVC No. 48/2023 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
filing multiple false cases, out of jurisdiction including O.S. No.
03/2023, M.C. No. 68/2023, and DVC No. 48/2023, and also
with an intention to extract money from them. Therefore, while
advocating that to avoid multiplicity of proceedings and placing
reliance on the judgments rendered by the Hon'ble Supreme
Court in several such instances, he prayed this Court to allow
these transfer criminal petitions, transferring M.C.No.68/2023,
and DVC.No.48/2023 to the file of competent Court in
Suryapet District.
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Tr.Crl.P.Nos.75 & 78 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 transfer
of MC., and DVC., are not at all maintainable and the OS., was
filed at Suryapet District as the suit property was situated in
Suryapet. He averred that even assuming that the said MC.,
and DVC are transferred to the Court where OS., proceedings
are pending, all 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.2 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 the material placed on record, it is noted that these
transfer petitions are primarily filed 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
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Tr.Crl.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 filed 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 are
dismissed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand
closed.
_______________
K. SUJANA, J
Date: 24.02.2025
PT
