Gajula Sneha @ Guduri Ashritha Vs Guduri Ganesh

¶1

[³³⁸⁵¹

¶2

IN THE HIGH^{COURTFOR THE STATEOF TELANGANA} AT HYDERABAD

¶3

THURSDAY,^{THE TWENTY FIRST DAY OF AUGUST} TWO THOUSAND^{AND TWENTYFIVE}

¶4

PRESENT

¶5

THE HONOURABLE^{SMT JUSTICE K. SUJANA}

¶6

TRANSFER CRIMIN^{AL PETITIONNO:26 0F 2025}

¶7

Between:

¶8

Garula Sneha @^{GuduriAshritha, Wo Guduri} 91n9:h^{D/oGajula Ravi'aged} io?-riZ,i ,"iri^{Occ HousenotO, R/o H No B-8-12, Gandhi Nagar'Sircilla} Town, Raiinna Sircilla^District

¶9

...Petitioner

¶10

AND

¶11

1 Guduri Ganesh,^{S/o. Guduri Gangaram, Aged.about} Qa^{Vgqr:'Occ Civil} , d;;;;.t".'il;.^{n.ruo. i-2-zttl9/"13.KrishiaNagar, Jagtialrown' Jagtial} District.

¶12

2 The State of Telangana,^{Rep by its Public Prosecutor,High Court for the} State of Telangana,^{at HYderabad}

¶13

...Respondents

¶14

Petition Under^{Section 447 of BNSS, praying that in the circumstances} stated in the^{Memorandumof Groundsof Transfercriminal Petition,the High} Corif ,rV be^{pleasedto withdrawthe S T C No 15 of 2024trom the file of} Hon'ble 1st Additional^{JudicialMagistratesof First class,at Jagtial and to} transfer the same^{to the Court of Hln'ble Principal Judicial Magistrate of First} Class, at Sircilla,^{Rajanna Sircilla District'}

¶15

I.A. N O: 1 OF²⁰²⁵

¶16

PetitionunderSection,l5lofCPCprayingthatin.thecircumstances stated in the^{affidavitfiled in support of the petition,the High court may be} oi"r.eO to Stav all^{furtherproceedingsin S T'C No 15 of 2024 on the file of} 'H;;[; i.t-niaitionur Judiciat MagiJtrates of First^{Class, at Jagtial pending} disposal of the^{above Transfer Criminal Petition'}

¶17

This Petit'on coming on for hearing, upon^perusing the Memorandum^of Grounds of Transfer Criminal Petition and upon hearir,l the^{arguments of} Sri V V Ramana Rao, Advocate for the Petitioner^{and Srr llyedYasar Mamoon,} Additional Public Prosecutor on behalf of the Respondent^{Nc 2 and of Sri K.Venu} Madhav, Advocate for the Respondent No.1.

¶18

The Court made the following: ORDER

¶19

THE HONOURABLE SMT JUSTICE K. SUJANA

¶20

TRANSFER CRIMINAL PETITION No.26 I 2o.25

¶21

ORDER:

¶22

This transfer criminal petition is filed praying this Court to transfer STC.No. 15 of 2024 pending on the hle of the I Additional Judicial Magistrate of First Class, at Jagtial, to the file of the Principal Judicial Magistrate of First Class, at Sircilla, Rajanna Sircilla District.

¶23

Heard Sri W.Ramana Rao, learned counsel for petitioner, Sri K.Venu Madhav, learned counsel for respondent No. 1, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for respondent No.2 - State.

¶24

Learned counsel for the petitioner submitted that the petitioner is the legally wedded wife of respondent No. 1, and their marriage was solemnized on 06.O2.2019 at Sircilla, Rajanna Sircilla District. The couple initially lived together peacefully and were blessed with a daughter, Guduri Adhya Sree, now aged about four years. However,

¶25

2

¶26

.,:*'1
-::€

¶27

the petitioner was subsequently subjected to^{pl-rvsical and} mental harassment by respondent^No. 1 and^{-ris mother,} who dt:manded an additional dowry of Rs.2,00 00,000/-. Despite: her father providing Rs.7,00,000/- to rneet their demands, the harassment continued, culmirLating in a violent assault on O2.I2.2O19 due to which a criminal complaint was lodged, resulting in registration of a case and f-rling of charge sheet in C.C. No. 1008 of IIC,21 on the hle of the Judicial Magistrate of First Class, at Sircilla. He averred that though the matter was compromised and closed before the Lok Adalat Bench on 1¹ .^{1 '..',.'2021} , the responrlent resumed his abusive conduct, demanding Rs.50,OO,O00 l- and ultimately assaulted anc drove the petiliorrer out of the matrimonial home on 13 1O.2O23. A fresh c,rmplaint was lodged, leading to registration of Crime No. 565 of 2023 and filing of charge sheet in C C. No. 179 of 2O2^, u.hich is presently pending. The petitiorrer has also institul:ed D.V.C. No. 45 of 2024 seeking maintr:nance and comperlsation, on the Iile of the Judicial Magistrate of First Class, a.t Sircilla.

¶28

3

¶29

Learned counsel further submitted that during the course of cohabitation, respondent No. 1 forged and misused a cheque bearing No. 027443 dated 18.12.2023 for Rs.5,00,00O1-, and subsequently hled S:T.C. No. 15 of 2024 before the Hon'ble I Additional Judicial Magistrate of First Class, Jagtial, alleging dishonour of the said cheque. He averred that the petitioner is presently residing at Sircilla, is suffering from illness and is financially dependent on her aged parents. She is unable to travel to Jagtial, which is approximately 50 kilometers away, due to lack of adequate transport, absence of support, and apprehension of threat to her safety. In view of these compelling circumstances, and to avoid multiplicity of proceedings, the petitioner seeks transfer of S.T.C. No. 15 of 2024 to the Court of the Hon'ble Principal Judicial Magistrate of First Class, Sircilla, to be tried along with C.C. No. 179 of 2024 and D.V.C. No. 45 of 2024, in tl:,e interest of justice and to prevent irreparable hardship. Therefore, prayed this Court to allow this Transfer Criminal Petition.

¶30

4

¶31

On the other hand, learned counsei fol n:spondent No.l srrbmitted that there are no grounds to l.r'irllsfer case from Jagtial as it is the respondent No.1 who is victim in the hands of petitioner. He contended that tran:;[' rs cannot be entertained at the instance of accused for ,,r complaint relating to offence under Section 138 of Negotiable Instrurnents Act. Therefore, prayed this Court to dismiss t his Trrrnsfer Criminal Petilion.

¶32

llaving regard to rival submissions ma dt: and on going through the material placed on record. it is noted that this transfer petition is filed to transfer -q! C)., filed by the husband of petitioner herein, on the grounc that she is no lonl5er residing with respondent No.1 and ir; sepzrrately residing'*,ith her parents and to avoid multipli( ity o[ cases as there arc already two cases pending in Sir<'illa. Though learnec <:ounsel for respondent No.1 contr:nded that transfers cannot be granted at the instance :rf accused, keeping in rnind the fact that there ..ri: special circumstances in this case and there are otl cr pending cases il Sircilla, so as to avoid multiplicity of p roceedings,

¶33

5

¶34

this Court is of the opinion that^{sufficient grounds are} made out to allow this transfer^{criminal petition.}

¶35

7 . Accordingly, this Transfer Criminal Petition^is allowed. S.T.C. No. 15 of 2024 stands transferred^{from the} Court of I Additional Judicial Magistrate of First^{Ciass, at} Jagtial, to the Court of the Principal Judicial^{Magistrate of} First Class, Sircilla. The Court concerned^{is hereby directed} to transmit the entire case file relating to^{S.T.C.No. 15 of} 2024 after duly indexed, within a^{periodof one (1) month} from the date of receipt of a copy^of this^{order, underthe} due intimation of the sarne to the^{other side. There shall} be no order as to costs.

¶36

Miscellaneous applications, if any^{pending,shall}

¶37

stand closed

¶38

5ol- A.PRATHIMA DEPUTY^REGISTRAR

U

//TRUE^COPY//

SECTION^OFFICER

To, 1. The^{I Additional Judicial Maoistrate of First Class' Jagtial} 2. The^{Station House Otticei'-Sittifi' pofi"" Station' RaiannaSircilla} 3. Two^{CCs to Public t'o"!""'iiign c""t-i"itn"stite of relansanaat} Hvderabad [OUT]

¶43