Allowed

Gajjela Padmavathi v. State of Telangana

Telangana HC7 Feb 2025TRCRLP/128/2024

Case brief

AI extract

What is this about?

Accused facing four similar cheating cases in different magistrate courts sought transfer of all cases for clubbed trial. The High Court allowed the transfer petitions, transferring all four cases to one court on account of the petitioners' difficulty in attending multiple courts.

What did the court decide?

C.C.Nos.9263/2021, 9627/2021, 1416/2020 and 6440/2021 transferred to XII Addl. Chief Metropolitan Magistrate, Hyderabad; files to be transmitted within one month.

Gajjela Padmavathi Vs State of Telangana — Cheating and Forgery | Telangana HC (2025)

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[³³⁸⁵ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSANDAND TWENry FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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TRANSFER CRIM INAL PETITION NOS: 125 126 127 AND 128 0F 2024

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TRANSFER CRlMINAL PETITION NO: 125 OF 2024:

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Between:

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Gajjela Padmavathi, Wo.G- Sai Baba, Age 62 years, Occ. Retd. Railway Employee, R/o.G-HH, Sri Krishna Apartments, Seetharamanagar, R.K.puram, Secunderabad.

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Attvely Vishnu Prasad, S/o Laxmaiah(late) Age 5g, Occ: post Man, No 25_ 401412, East Anand Bagh, Matkajgiri.

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S. Sravanthi @ Shailaja, Wo S.R.Kumar Swamy, Age 33yrs, Occ: pvt. employee, R:/o G-2, Sreekrishna Apartments, Tirumalgiryfiydereabad.

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S.R._Kumar Swamy, S/o S.E.Rajaiah (late) Age 35 yrs, Occ: pvt. employee, R/o G-2, Sreekrishna Apartments, Tirumalgiry, Hyderabad.

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...PETITIONERS/PETITIONERS

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AND

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1 State of Telangana, Rep.by the Public prosecutor, High Court of Telangana, Hyderabad

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2 Ch Sripriya, Wo Narayana, Aged about 40 years Occ. pvt. Employee R/o H.No. 1 1-3-6641/, Parsiguptta Musheerabad, Hyderabad,Telangana.

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...RESPONDENTS/RESPONDENTS

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Petition under section 447 of BNSS praying that in the circumstances stated in the memorandum of Grounds of rransfer criminal petition, the High court may be pleased to transfer the c,c.No.9263 of 2021 pending on thJ file of XVll Additional chief Metropolitan Magistrate, Hyderabad to ihe court of the Xll Additional chief Metropolitan Magistrate, Hyderabad and try clubbing together with C.C.No.10389 of 2020.

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l.A. NO: 1 OF 2024

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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 stay all further proceedings in cc.No.9263 of 2021 pLnding on the file

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of XVll Additional Chief Metropolitan Magistrate, Hyderabad, pendrng disposal of the above Tr-Crl.P.

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TRANSFER CRIMINAL PETITION NO: '126 OF 2024:

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Between:

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Gajjela Padmavathi, Wo.G. Sai Baba, Age 62 years, Occ Retd. Railway Employee, R/o.G-HH, Sri Krishna Apartments, Seetharamanagar, R.K.Puram, Secunderabad.

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Attevelli Vishnu Prasad, S/o Laxmaiah(late) Age 58, Occ: Post Man, R/o 2540 I 4 12, Easl Anand Bag h, Malkaj g iri, Secu nderabad.

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S. Sravanthi @ Shailaja, Wo S.R.Kumar Swamy, Age 33yrs, Occ: Pvt. employee, R/o G-2, Sreekrishna Apartments, Tirumalgiry, Hydereabad

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S.R. Kumar Swamy, S/o S.E.Rajaiah (late), Age 35 yrs, Occ: Pvt. employee, R/o G-2, Sreekrishna Apartments, Tirumalgiry,Hydereabad.

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...PETITIONERS/ACCUSED I to 4

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AND

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1 . State of Telangana, Rep.by the Public Prosecutor, High Cou( of Telangana, Hyderabad

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Gontyala Nagaraju, S/o Narasimhalu, age about 45 years, Occ: Business R/o. H. No 1 -7 -5O7 I 1 4 Zamisthanpur, Musheerabad, Hyderabad,

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...RESPONDENTS/DEFACTO COMPLAINANT

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Petition under Section 447 of rlw Section 528 of BNSS Praying that in the Circumstances stated in the memorandum of Grounds of Transfer Criminal petition, the High Court may be pleased to transfer the CC No 9627 of 2O21 pending on the file of XVll Additional Chief Metropolitan Magistrate, Hyderabad to the Court of the Xll Additional Chief Metropolitan Magistrate, Hyderabad and try clubbing together with C.C.No.10389 of 2020.

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l.A. NO: 1OF 2024

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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 stay all further proceedings in CC No 9627 of 2021 pending on the file of XVII Additional Chief Metropolitan Magistrate, Hyderabad, pending disposal of the above Tr. Crl.P.

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TRANSFER CRIMINAL PETITION NO: 127 OF 2024:

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Between:

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'1 . Gajjela Padmavathi, Wo.G. Sai Baba, Age 62 years, Occ. Retd. Railway Employee, R/o.G-HH, Sri Krishna Apartments, Seetharamanagar, R.K.puram, Secunderabad.

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Attevelli Mshnu Prasad, S/o Laxmaiah(late) Age 5g, Occ: post Man, R/o 25_ 40 I 4 12, East Ana nd Bagh, Malkajg iri, Secu nderabad.

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3.. S. Sravanthi @ Shailaja, Wo S.R.Kumar Swamy, Age 33yrs, Occ: pvt. employee, R/o G-2, Sreekrishna Apartments, Tirumalgiry,Hydereabad.

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a !.R ^Kym_ar Swamy, S/o S.E.Rajaiah (late) Age SS yrs, Occ: pvt. employee, R/o G-2, Sreekrishna Apartments, Tirumalgiry,Hydereabad.

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...PETITIONERS/ACCUSED 1 TO 4

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AND

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state of relangana, Rep.by the pubric prosecutor, High court of retangana, Hyderabad

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Maddi Rajarajeshwari., Wo Harish Kumar, Age about 39, caste Mudiraj, R/o H.No 1-5-220, Gollaguda, General Bazar, Seiunderabad

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...RESPONDENTS DEFACTO COMPLAINANT

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Petition under section 447 rlw section 529 of BNSS praying that in the circumstances stated in the memorandum of Grounds of rianifer criminal petition, the High court may be pleased to transfer the cc No. '1416 of 2o2o pending on the file of Xl Additional chief Metropolitan Magistrate, secunderabad to the court of the Xll Additional chief Metropolitan Magistrate, Hyderabad and try clubbing together with C.C.No.10389 of 2O20.

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l.A. NO: 1OF 2024

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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 pLe.3,se.d to stay all further proceedings in cc No. 1416 of 2020 [ending on the file of Xl Additional chief Metropolitan Magistrate, Securnderabad pendiig disposal of the above Tr.Crl.P.

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TRANSFER CRIMINAL PETITION NO: 128 OF 2024;

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Between:

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1 . Gajjela Padmavathi, Wo.G. Sai Baba, Age 62 years, Occ. Retd. Railway Employee, R/o.G-HH ,^{Sri Krishna} Apartments, Seetharamanagar, R.K.puram, Secunderabad.

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2 Attvely Vishnu Prasad, S/o Laxmaiah(late) Age 5g, Occ: post Man, R/o 25_ 401412, East Anand Bagh, Malkajgiri.

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...PETITIONERS/PETITIONERS

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AND

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1 State of Telangana, Rep.by the Public prosecutor, High Court of Telangana, Hyderabad

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2 Ch Sripriya, Wo Narayana, Aged about 40 years, Occ. pvt. Employee R/o H.No. 1 1-3-6647, Parsiguptta, Musheerabad, Hyderabad ,Telangana. ... RESPONDENTS/RESPONDENTS

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Petition under section 447 of BNSS praying that in the circumstances stated in the memorandum of Grounds of rransfer criminal petition, the High court may be pleased to transfer the cc No. 6440 of 2021 pending on the file of lX Addl chief Metropolitan Magistrate, Hyderabad to the court of ttre xlt Additional chief Metropolitan Magistrate, Hyderabad and try clubbing together with c.c.No.10389 of 2020.

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l.A. NO: 1 OF 2024

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Petition under section 447 (6) ot BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pl_eg:ed to stay all further proceedings in cc No. 6440 of 2021 [ending on the fite of IX Addl chief Metropolitan Magistrate, Hyderabad pending disp6sal of the above Tr.Crl.P.

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These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of smt. lndira, Advocate for the Petitioner in all petitions and sri Syed yisar Manoon, Additional Public Prosecutor on behalf of the Respondent Nb.t in all petitions and none appeared for the Respondent No.2 in all petitions.

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The Court made the fotlowing: COMMON ORDER

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THE HONOURABLE SMT. JUSTICE K. SUTIANA

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Tr.Ctl.P.Nos.l2S, 126, 127 al.d. 128 of 2ol24

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COMMON ORDER:

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The Tr.Crl.P. No. 125 of 2024 is l-rled under Section 447 rcad with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by tLre petitioners to transfer C.C. No.9263 of 2021 pending on the file of the learned XVII Additional Chief Metropolitan Magistrate, Hyderabad, to the file of the learned XII Additional Chief Metropolitan Magistrate, Hyderabad arrd try clubbing together with C.C.No.1O389 of 2O2O.

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The Tr.Crl.P. No. 126 of 2024 is hled under Section 447 read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioners to transfer C.C. No.9627 of 2O2l pending on the irle of the learned XVII Additional Chief Metropolitan Magistrate, Hyderabad, to the file of the learned XII Additional Chief Metropolitan Magistrate, Hyderabad and try clubbing together with C.C.No. 1O389 of 2O2O.

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The Tr.Crl.P. No. 127 of 2024 is filed under Section 447 read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioners to transfer C.C. No. 1416 of 2O2O pending on the file of the learned XI Additional Chief Metropolitan Magistrate, Hyderabad, to the file of the learned XII Additional Chief

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lt.CrLP.Nos.12S, 126, t27 and,r. "r"i8ii

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Metropolitan Magistrate, H yderabad and try clubbing together with C.C.No. tO389 of 2O2O.

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The Tr.Crl.p. No. l2g of 2024 is filed under Section 442 read with 528 of rhe Bharatiya Nagarik Sura_ksha Sanhita, 2023, by the petitioners to tralsfer C.C. No.644O of 2O2l pending on the file of the learned JX Additional Chief Metropolitan Magistrate, Hyderabad, to the file of the learned XII Additional Chief Metropolitan Magistrate, H yderabad and try clubbing together with C.C.No. 10389 of 2O2O.

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Since all these Transfer Criminal petitions are arising out of the same issue, they are analogously heard together and being disposed of by this common order.

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The brief facts of the cases are t-hat though the accused persons collected the amounts from the victims by promising to provide loans, they deceived the victims by not providing any loans as promised- It is stated that when the victims questioned about the same, the accused persons threatened the victims with dire consequences. Hence, the victims filed cases against the petitiorrers for the offences punishable under Section s 42O, 406 and 506 read with 34 of the Indian pena.l Code, 1g60.

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Heard Smt.Indira, learned counsel appearing on behalf of the petitioners and Sri Syed yasar Manoon, learned Additional public

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Tr.crl.p.!ros. r2s, r26t t z a\dl28 ofs#i

\ !

rp,

Prosecutor for respondent No.r/state. Though notice was served, none appeared on behalf of respondent No.2/victim(s).

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8' Learned counser for the pefitioners submitted that the allegations against the petitioners in all the cases are simil.ar and the petitioners facing difficulty to attend the different Courts in C.C.Nos.9263 of 2O21,9622 of 2021, 1416 of 2O2O and 644O of 2O2I. Hence, he prayed the Court to transfer C.C.Nos.9263 of 2021,9622 of 2021, 1416 of 2O2O and, 6440 of 2O2t to the file of the learned XII Additional Chief Metropolitan Magistrate, Hyderabad.

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Having regard to the submissions made by the learned counsel for the petitioners and gone through the material available on record' since it is difficurt for the petitioners to travel to different Courts in C.C.Nos.9263 of 2O2t,9622 of 2O2t, t4t6 of 2O2O and 6440 of 2021, on each and every date of adjournment, this Court deems it appropriate to transfer C.C.Nos.9263 of 2O2L, 9622 of 2021, 1416 of 2O2O and, 6440 of 2O2l to the file of learned XII Additional Chief Metropoliran Magistrate, Hyderabad.

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Accordingly, the Transfer Criminal petitions are allowed and C.C.Nos.9263 of 2O2t, 9622 of 2O2t, t4t6 of 2O2O and, 6440 of 2O2 I stand transferred to the file of the leamed XII Additiona_l Chief Metropolitan Magistrate, Hyderabad. The Court concerned is

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sl{s,J Tt.Crl.P. 0..125, 126, L27 end t2,8 of 20/24

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hereby directed to transmit the entire case files relating to C.C.Nos.9263 of 2O21,9627 of 2O2t, t4L6 of 2O2O and 644O of 2021, after duly 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.

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Miscellaneous applications, if any pending, shall stand

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closed.

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Sd/- P. CH. NAGABHUSHAMBA DE PUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

'1 . The XVll Additional Chief Metropolitan Magistrate, Hyderabad 2. The Xll Additional Chief Metropolitan Magistrate, Hyderabad.

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The Xl Additional Chief Metropotitan Magiskate, Hyderabad

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The lX Additional Chief Metropolitan Magistrate, Hyderabad

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The Station House Officer, Musheerabad Police Station, Hyderabad

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Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad[OUT]

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One CC to Smt. lndira, Advocate [OPUC]

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Two CD Copies

Plo/oh

Rt-

HIGH COURT

DATED:07lOztZOzS

COMMON ORDER

I 28JUN M5
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'r* * {'
\ s;,zit ctiF-o

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TRCRLP.Nos.125, 126,121 and 1Zg ot 2OZ4

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ALLOWING THE ALL TRANSFER
CRIMINAL PETITIONS.
(
L
>t E t))

Gajjela Padmavathi v. State of Telangana

Case brief

What is this about?

What did the court decide?

Gajjela Padmavathi v. State of Telangana

Case brief

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What did the court decide?

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