Chinni Rani , Kotagiri Rani Vs The State of Telangana and 5 others

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I^s385 ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IHURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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TRANSFER CRI MINAL PETITION NO: 7 OF 2023

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Between:

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chinni R-ani @ Kotagiri Rani, wo Kotagiri shiva Kumar, D/o chinni prabhakar, Aged about 30 years, Occ. Housewife, R/o H.No..lO_1 11tA, Azadnagar, Andhra' Bink Backside, Kodad Town and Mandal, Suryapet District

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...PET|T|ONER

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AND

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'l The State of Telangana, Rep. by its public prosecutor, High Court for the State of Telangana, Hyderabad.

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Kotagiri Shiva Kumar, S/o late Krishnaiah, Aged about 43 years, Occ. Govt Employee working as Senior Assistant, Section (G), Land Acquisition Department, Collectrate Office, Nalgonda Dist., R/o H.No.5_1, Manasa Residency, Opp. SPR High School, Beside Kakatiya Towers, Narketpally Town and Mandal, Nalgonda District

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Kotagiri Kalyani, Wo Not known, Aged about 51 years, Occ. pET in Sree Vidya Peeth, R/o 1st Floor, Kamineni Teachers euarters, Sreepuram, Narketpally Town and Mandal, Nalgonda District

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Kotagiri Satyanarayana, S/o late Krishnaiah, Aged about 50 years, Occ. Watchmen in Kamineni Dental College, R/o H.No.5_1, Manaia Residency, Opp. SPR High School, Beside Kakatiya Towbrs, Narketpally Town and Mandal, Nalgonda District

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Dasa Swarooparani, Wo Venkateswarlu, Aged about 4g years, Occ. Housewife, R/o Opp. Police Station Line, Nakrekal Town and Mandal, Nalgonda District

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6- Dasa Venkateswarlu, S/o Not known, Aged about 50 years, Occ. Sr. Sale Manager, Star Health lnsurance, Nalgonda Branch, R7o Opp. police Station Line, Nakrekal Town and Mandal, Nalgonda Diskict

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...RESPONDENTS

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Petition under section 407 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal pLtition, the High court may be pleased to withdraw the c.c.No. 1868 of 2022 (crime No.1oot2o:21) on the fite of the Ho-nble court of special Judicial First class Magistrate (prohibition and Excise, offences) at Natgonda and transfer the same to principal Judicial First Class Magistrate at Kodad where DVC 8 of 2022 is pending.

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1.A. NO: 1 OF 2023

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Petition under Section 482 of CrPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stav all further proceedings in C.C.No. j 868 of 2022 (Crime No. I 00/202'1 ) on the file of the Honble Court of Special Judicial First Class Magistrate (Prohibition and Excise Offences) at Nalgonda, pending disposal of the main transfe r petition.

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Counsel for the Petitioner: SRI AVANCHA H CHAKRAVARTHY

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Counsel for the Respondent No.1: PUBLIC PROSECUTOR

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Counsel for the Respondent Nos.2 to 6: SRI M. MADHAVA REDDY

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The Court made the following: ORDER

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."ii.lta

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THE HOilOURABLE SMT. JUSTICE K. SUJANA

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Tr.Crl.P.No.7 of 2or23

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ORDER:

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This Transfer Criminal Petition^{is filed by the petitioners} to transfer C.C.No. 1868 of 2022^{pendingon the hle of the} leamed Special Judicial Magistrate of^{First Class, (Prohibition} and Excise Offences), Nalgonda to^{the file of the learned} Principal Judicial Magistrate of First^{Class, Kodad, where} DVC.No.8 of 2022 is pending.

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Heard Sri A.H. Chakravarthy,^{learned counselappearing} on behalf of the petitioners as^{well as M' MadhavaReddy,} learned counse.l appearing on behalf^{of respondent Nos.2 to 6.}

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Learned counsel for the^{petitionerssubmittedthat the} marriage of the petitioner with^{respondent No.2 was solemnized} on O1.11.2019, at^{AyyappaSwamyTemple in Kodad Town,} Suryapet District,^{following Vysa Communityrites and Hindu} Law. He further submitted^{that parents of the petitionergave} I.5 lakhs in cash,^{gold ornamentsworth 5lakhs,and} household items worth^{2 lakhs to respondents as per their} demands. He further^{submitted that the respondent Nos'2 to 6}

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I

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2

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SKS,J Tr.Crl.P.No.7 of 2023

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misled us by ,:laiming respondent No.1 was a higher ofhcer, ald no officers .rtt(-'ncled the wedding as promiserl. In reality, respondent No. I is arr employee at the Collectorirte Ofhce in Nalgonda. He fu rthcr submitted that they lived together for two months before respondent No.1, his parents, and other respondents startcd harassing me. Due tr, unbearable harassmr:nt, the petirioner filed a complaint rvith Women's Police Statior in Nalgonda, leading to an FIR and a pending charge sheet. He furt.her submitted that the per itioner Iiled a DVC.No.8 d' 2022, which is also pending adjudication. Therefort:, hc praved the Court to transfer C.C.No. 1868 of 2022 pending on tl.le file of the learned Special Judiciat Magistrate of First Class, (l)rohibition and Excise Offences), Nztlgonda to the file of the lc:rrned Principal Judicial Magistrate of. First Class, Kodad, whert, DVC.No.8 of 2022 is pending.

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On thc other hand, learned counsel for respondent No.2 submitted th:rt the petitioner filed both the CC and DVC cases in different locations. He further submitted that respondent No.2 was granted dispensation from appearing in r-he DVC case at Kodacl. Therefore, he contended that there are no grounds to transfer the^(lC case from Nalgonda to Kodad. He, prayed that if the CC case is transferred, dispensation from appearance may

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<br>

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3

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sxF,J Tr.Crl.P.Io.7 of 2()23

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( I

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also be granted, and requested the Court to pass appropriate orders

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In the light of the submissions made by both the learned counsel and a perusal of the material available on^{record, this} Court deems it fit to transfer C.C.No. 1868 of 2022^from the^file of the learned Special Judicial Magistrate of First^Class, (Prohibition and Excise Offences), Nalgonda to the file of^the learned Principal Judicial Magistrate of First Class,^Kodad.

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Accordingly, the Transfer Criminal Petition is^allowed. C.C.No. 1868 of 2022 sLar.ds transferred from the^{hle of the} learned Special Judicial Magistrate of First Class,^(Prohibition and Excise Offences), Nalgonda to the file of^{the learned} Principal Judicial Magistrate of First Class, Kodad.^{Further, if} there are no warrants issued against^{respondent Nos.2 to 6, the} appearance of respondent Nos.2 to 6^{beforethe trial Court in} C.C.No.1868 of 2022 is dispensed^{with unless theirpresence is} specifically required during the^course of trial,^{subject to the} condition that respondent Nos.2 to 6 are^{being represented by} their counsel on every date of hearing.^{The Court concerned is} hereby directed to transmit the entire case hle^relatingto C.C.No. 1868 of 2022, after duly indexed, within^{a period of One}