Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 15088 (AP)

B. VIJAYAMMA v. B. PULLAIAH

TRCRLP/29/2025 · 2025-04-22

Venuthurumalli Gopala Krishna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE IN PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO transffR CRIMINAL PETITION NO: 29 OF 2025 Between: W/o. Bukka Pullaiah, aged 49 years, House Wife, R/o. 1. B. Vijayamma D. No. 62/20, Ravindra Nagar, Kadapa City, YSR Kadapa District. S/o. Bukka Pullaiah, aged 22 years. Student, R/o. D. 2. Bukka Sanjeev No. 62/20, Ravindra Nagar, Kadapa City, YSR Kadapa District. ...PETITIONERS/PETITIONER N0.1 & 2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 2. B.Pullaiah, S/o. Polaiah, aged 53 years, UDC, A.P.Genco, Srisailam, Project East, R/o.Sunnipeta, Kurnool District. ...RESPONDENTS Bukka Pullaiah, Aged 20 years. Student, 3. B.S.J.Priyanka, D/o. R/o.Sunnipeta, Kurnool District. ...RESPONDENT/PETITIONER N0.3 praying that in the Petition under Section 407 of Cr.P.C. circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to withdraw M.C No. 5 of 2020 on the file of the court of Learned 1st Additional Judicial Magistrate of 1st Class, Adoni, Kurnool District and to transfer the same for trail and disposal to the any court of Learned Judicial Magistrate of First Class, Kadapa, YSR Kadapa District. LA. NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings inM.C No. 5 of 2020 on the file of the court of Learned 1st Additional Judicial Magistrate of 1st Class, Adoni, Kurnool District pending disposal of the above transfer Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Amanchi Royal, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for other Respondents. The Court made the following ORDER : THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CRIMINAL PETITION No.29 of 2025 ORDER: The petitioners in Tr.Crl.P.No.29 of 2025 have filed the present petition under Section 407 of Cr.P.C., seeking to withdraw M.C.No.5 of 2020, on the file of the I Additional Judicial Magistrate of First Class, Adoni, Kurnool District and transfer the same to the Judicial Magistrate of First Class, Kadapa, YSR District. The case of the petitioners in brief is as follows; 2. The marriage of the petitioner No.1 with the respondent No.2 has been performed at Kadapa District on 12.08.1995. Due to matrimonial disputes between both the parties, the petitioner No.1 along with Petitioner No.2, who is the son of the Petitioner No.1 and the respondent No.2 are residing at Kadapa at the relatives’ house of the petitioner No.1. The petitioner No.1 further pleaded that she had filed a Maintenance case vide M.C.No.5 of 2020, on the file of the I I. Additional Judicial Magistrate of First Class, Adoni against the respondent No.2 and the respondent No.2 is attending the Court proceedings in the aforesaid case. The petitioners further pleaded that the petitioner No.1 along with petitioner No.2 has shifted their residence and are at present residing V/ 2 at Ravindra Nagar, Kadapa City, YSR Kadapa District and that the petitioners are constrained to file the present Transfer Criminal Petition seeking to withdraw M.C.No.5 of 2020, on the file of the I Additional Judicial Magistrate of First Class, Adoni, Kurnool District and transfer the same to the Judicial Magistrate of First Class, Kadapa, YSR District. Heard Sri Amanchi Royal, learned counsel for the petitioners, learned Public Prosecutor appearing for the respondent No.1 and 3. perused the record. As seen from the E-Courts website, this Court has noticed 4. that the case in M.C.No.5 of 2020, pending on the file of the I Additional Judicial Magistrate of First Class, Adoni, Kurnool District for recording the further evidence of the petitioners. Further, the evidence of the petitioner No.1 has been recorded by the learned Magistrate and the said Maintenance case has been instituted by the petitioner No.1/wife along with her son i.e., the petitioner No.2 in the year 2020. Though a time period of five (05) years has been elapsed from the date of institution of the Maintenance case, the same has not been disposed of till so far by the learned Magistrate. Admittedly the petitioners herein have instituted a Maintenance Case vide M.C.No.5 of 2020, on the file of the I 5. Additional Judicial Magistrate of First Class, Adoni, Kurnool District 3 and the same is pending before the learned Magistrate since 5 years, the same was not yet disposed of. Further, as seen from the E-Court Website, this Court had noticed that the Maintenance Case filed by the petitioners herein was posted for recording the further evidence of the petitioners. If the maintenance case of the year 2020 has been transferred to some other Court, naturally the further proceedings will be delayed. Furthermore, an enquiry has been commenced before the Court at Adoni, therefore, instead of transferring the case in M.C.No.5 of 2020 from the Adoni to Kadapa, this Court is of the opinion that it is just and necessary to direct the learned I Additional Judicial Magistrate of First Class, Adoni, Kurnool to dispose of the Maintenance Case vide M.C.No.5 of 2020 by 30.06.2025 and to report compliance to the Registry. In the result, the learned I Additional Judicial Magistrate of First Class, Adoni, Kurnool is hereby directed to dispose of the Maintenance Case vide M.C.No.5 of 2020 filed by the petitioners herein by 30.06.2025, without seeking any further extension of time, since the said maintenance case has been filed by the petitioners herein seeking maintenance from the respondent No.2 for their livelihood in the year 2020 itself, further, the learned Magistrate is also directed to report compliance to the Registry by 02.07.2025 6. itself. 4 7. With the above observations, the present Transfer Criminal m- Petition is disposed of at the admission stage. There shall be no order as to costs. The Registrar Judicial, High Court of Andhra Pradesh at 8. Amaravati, is hereby directed to communicate the order by way of E-mail through the Principal District Judge concerned by 23.04.2025 itself. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SOI- U.SRIDEVI ASSISTANT REGISTRAR ^^tTofficer //TRUE COPY// SE To 1. The Register (Judicial), High Court of Andhra Pradesh at Amaravati [OUT] 2. The Principal District Judge: Kurnool, Kurnool District. (VIA EMAIL) 3. The 1st Additional Judicial Magistrate of 1st Class; Adoni, Kurnool District. 4. The Judicial Magistrate of First Class: Kadapa, YSR Kadapa District. 5. One CC to Sri. Amanchi Royal Advocate [OPUC] 6. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 7. THREE CD COPIES SAM TAG HIGH COURT DATED:22/04/2025 ORDER TRCRLP.No.29 of 2025 * 2JAM2K5 Currtnt S«ction DISPOSING OF THE TRCRLP