Sk. Jajuddin v. State Of Telangana

[ 32sl ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER TRANSFER CRIMINAL PETITION NO: 24 OF 2018 Between:

Sk. f4uddin, S/o.Ameer Basha, Fl/o Munlgesh Palya, Bangalore-56001 8 No. 125 "A" Cross, Nanja Reddy Colony, ...PETITIONEFY ACCUSED AND

1. The State of Telangana, through its Public Prosecutor, High Court, Hyderabad.

2. SSravani, Wo.Tajuddin, H.No. SS ll 28, Teachers Colony, Near park, Mahabubnagar ...RESPONDENTS Petition under Section 402 of the CPC praying that in the circumstances sated in the affidavit filed therewith, the High Court may be please to withdraw the case the DVC. No.2212016 on the file of Judicial First Class lrrlagistrate, lVlahabubnagdr and rransfer the same to the court at Hyderabad, in the interest of justice.

I.A. NO: 1 OF 20'18 Petition under Section 402 of Crl.P.C 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 the D.V.C.No.22l2O16 on the file of Judicial First Class Magistrate, Mahabubnagar, pending disposal of the above transfer Criminal Petition, in the interest of justice.

This Petition coming on for hearing, upon perusing the affidavit filed in support thereof and upon hearing the arguments of Sri D.RAMAKRISHNA, Advocate for the Petitioner and of the Assistant Public Prosecutor on behalf of the Respondent No.1 The Court made the following: ORDER

Tr.Crl.Petition No.24 of 201g THE HONOURABLE SRI JUSTICE K.SURENDER TRANSFER CRIMINAL PETITION No.24 OF 2018 ORDER:

This Transfer Criminal petition is filed under Section 402 of Code of Criminal procedure, 1973 (for short ..Cr.p.C,) by the petitioner/Accused seeking to withdraw the D.V.C.No.22 of 20L6 pending on the file of Judicial First Class Magistrate, Mahabubnagar and to transfer the same to the Courts at Hyderabad. 2.

Heard learned counsel for the petitioner/Accused. None appeared for the 2nd respondent. perused the Record. 3.

Learned counsel for the petitioner submits that there is no marriage performed between the petitioner and the 2nd respondent and only to harass him, the present DVC case was filed by her. He further submits that there is no jurisdiction to try the DVC case at Mahbubnagar since the petitioner and 2nd respondent never lived as wife and husband at Mahbubnagar or anywhere else. He further submits that the grievance of the petitioner is that the petitioner is residing at Bangalore and that he has to travel all the way from Bangalore to Mahbubnagar, therefore, it would be convenient for him if the trial of the case goes on at Hyderabad.

\- Tr.crl.Petition No.24 of 2018 4.

Having regard to the facts aM circumstances of the case, the ludicial First Class Magistrate at Mahabubnagar is directed not to insist upon the appearance of the petitioner unless specifically required. The petitioner shall give an undertaking that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner. By virtue of this order, the petitioner shall not take unnecessary adjournments in the trial Court. 5.

Accordingly, the Transfer Criminal Petition is disposed off. Miscellaneous applications, pending if any, shall stand closed. Sd/-N.CHANDRA SEKHAR RAO "/ ASSISTANT GISTRAR //TRUE COPYII To SECTION OFFICER The Judicial First Class Magistrate, Mahabubnagar District. Two CCs to the Pubtic Prosicutor (TSl, H'gh C;"urt f* in" Stut" of Tetangana at Hyderabad (OUT) One CC to Sri D.Ramakrishna, Advocate [OpUC] Two CD Copies One Spare Copy J *{

{ HIGH COURT DATED:2610812022 € i L ( .< o\ u ) a) r> ?$tl t c) \

ORDER

TRCRLP.No.24 of 2018 I I TR.CRL.P. IS DISPOSED OFF.

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