Telangana High Court
Dr. B.G.Rahul vs The State Of Telangana on 23 November, 2018
HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO
TRANSFER CRIMINAL PETITION Nos.206 and 207 of 2018
COMMON ORDER :
In Tr.Crl.P.No.207 of 2018 Dr.B.G.Rahul is the petitioner and in Tr.Crl.P.No.206 of 2018 besides him, his parents and brother are mentioned as petitioner Nos.2 to 4. Tr.Crl.P.No.206 of 2018 is seeking to transfer of D.V.C.No.13 of 2015 from Karimnagar to Secunderabad and Tr.Crl.P.No.207 of 2018 seeking transfer of M.C.No.5 of 2014 from Karimnagar to Secunderabad. The 2nd respondent is the wife of Dr.B.G.Ragul. The 3rd respondent is the minor child in their wedlock represented by mother/2nd respondent. The 1st respondent is the State.
2. Earlier, the petitioner filed Tr.Crl.P.Nos.127 and 128 of 2015 with Tr.C.M.P.Nos.163 and 365 of 2015 covered by common disposal order of this Court, dated 04.11.2015, where sought for transfer of the matrimonial O.P. pending in Kurnool and the custody O.P. pending at Hyderabad both to Karimanagar. Now in the present prayer, it is the submission that the 2nd respondent is resident of Secunderabad, working as a Doctor at Ferty-9 Hospital, West Maredpally, Secunderabad and the petitioner and his parents and brother are all resident of Kurnool and Karimnagar is no way convenient to both parties, but for if at all near to her place at Secunderabad even convenient to the other parties from Kurnool to travel. Hence, to consider.
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3. The 2nd respondent even served failed to attend either in person or through advocate much less to oppose. The acknowledgment shows her address at West Maredpally as Ferty-9 Hospital, Kondareddy Street, West Maredpally, Secunderabad, supra.
4. By taking consideration of these facts as it is convenient for both parties, this Court feels it just to transfer M.C.No.5 of 2014 to the Family Court, Secunderabad and D.V.C.No.13 of 2015 to the Principal Chief Metropolitan Magistrate, Hyderabad at Nampally, either to try or to transfer to any Magistrate concerned within his jurisdiction preferably at Secunderabad.
5. Accordingly, both the transfer criminal petitions are allowed.
Miscellaneous petitions pending, if any, shall stand closed in both the cases. No costs.
____________________________ Dr. B. SIVA SANKARA RAO, J 23rd November 2018 mar