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High Court for State of TelanganaTRCRLP/137/2015allowed no costs

Mrs. K.Swapna, Hyd., v. State Of Ap., Rep Pp And ANR.,

2018-12-14Thottathil B.Radhakrishnan2 pages

HON'BLE THE CHI EF JUSTI CE SRI THOTTATHI L B. RADHAKRI SHNAN TRANSFER CRI MI NAL PETI TI ON No.137 of 2015 ORDER:

This is an application seeking transfer of C.C.No.1914 of 2014 pending before I Additional Chief Metropolitan Magistrate, Visakhapatnam, to XIX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur.

2.

Heard.

3.

The petitioner herein is the wife of the second respondent. She filed a domestic violence case against the second respondent and her in-laws vide D.V.C.No.157 of 2013 on the file of XIX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur. As a counter blast to the same, the second respondent filed a Criminal Case against the petitioner relating to the offence punishable under Section 420 I.P.C. Based on the said criminal case, C.C.No.1914 of 2014 was taken on file and it is pending before I Additional Chief Metropolitan Magistrate, Visakhapatnam. The petitioner seeks transfer of the said C.C. from Visakhapatnam Court to Cyberabad Court, on the ground that she is financially incapable and has to take care of her two female children.

3.

This Court, on 26.06.2015, while issuing notice before admission, stayed the proceedings including appearance of the petitioner in the said C.C.

HCJ Tr.Crl.P.No.137 of 2015 4.

Having noticed the material particulars and taking into consideration the balance of convenience, it is found that ends of justice would require that this application be allowed. 5.

In the result, this Transfer Criminal Petition is allowed transferring C.C.No.1914 of 2014 from the Court of I Additional Chief Metropolitan Magistrate, Visakhapatnam, to XIX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur. Pending miscellaneous petitions, if any, shall stand closed. ___________________________________ THOTTATHI L B. RADHAKRI SHNAN, CJ Date: 14.12.2018 va