Karachi Susheela v. Karachi Durga Prasad And Another

HON'BLE THE CHI EF JUSTI CE SRI THOTTATHI L B. RADHAKRI SHNAN TRANSFER CRI MI NAL PETI TI ON No.133 of 2015 ORDER:

This is an application seeking transfer of C.C.No.566 of 2012 pending before X Metropolitan Magistrate, Cyberabad, at Malkajgiri, to II Additional Judicial First Class Magistrate at Tanuku. 2.

The petitioner, who is the wife of the first respondent, is the complainant in relation to two proceedings, one is a Criminal Case relating to the offences punishable under Section 498-A I.P.C and Section 4 of the Dowry Prohibition Act, 1961, and the other is a Maintenance Case under Section 125 Cr.P.C. However, one of those cases initiated by the petitioner-wife is before the learned X Metropolitan Magistrate, Cyberabad at Malkajgiri, and the other case is before the learned II Additional Judicial First Class Magistrate at Tanuku. Ends of justice require that these two cases should be in one Court though they may or may not be tried together depending upon the applicable legal provisions.

3.

For the aforesaid reasons, I am satisfied that sufficient grounds have been shown for transfer of C.C.No.566 of 2012 from the Court of X Metropolitan Magistrate, Cyberabad, at Malkajgiri, to the Court of II Additional Judicial First Class Magistrate at Tanuku.

4.

Hence, this Transfer Criminal Petition is allowed transferring C.C.No.566 of 2012 from the Court of X Metropolitan Magistrate, Cyberabad, at Malkajgiri, to the Court of II Additional Judicial First Class Magistrate at Tanuku. Pending miscellaneous petitions, if any, shall stand closed. ___________________________________ THOTTATHI L B. RADHAKRI SHNAN, CJ Date: 14.12.2018 va