THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 6349 of 2009 ORDER: This application is filed to quash the order dated 13.02.2009 in Criminal R.P.No.15 of 2008 passed by the X Additional District and Sessions Judge, Machilipatnam setting aside the order dated 05.02.2008 in M.C.No.14 of 2005 passed by the II Additional Judicial Magistrate of the First Class, Machilipatnam. The parties are referred as in the main M.C.No.14 of 2005. 2. The claim for maintenance has been filed by the wife and children against the husband claiming that they are residing at Machilipatnam. The learned Magistrate did not accept the claim of the petitioners that they are residing at Machilipatnam and from the evidence on record he came to know that the petitioners are residing at Vuyyuru where the children are studying and P.W.1 is also said to have been come forwarded to give evidence from Vuyyuru. Consequently on the point of jurisdiction, the petition for maintenance was dismissed. As against that order in the revision, the learned Sessions Judge has taken the view that under Section 126 Cr.P.C the entire district has got jurisdiction to try the case and application can be filed by the petitioner and therefore set aside the order of the learned Magistrate and directed the M.C.No.14 of 2005 on the file of the II Additional Judicial Magistrate of the First Class, Machilipatnam to be restored and to decide the points framed in the order of remand. 3. Evidently, as can be seen from the material available on record, the finding of the learned Magistrate that the petitioners reside at Vuyyuru appears to be reasonable. Therefore, in view of the above circumstances and convenience of the parties, the M.C.No.14 of 2005 on the file of the II Additional Judicial Magistrate of the First Class is withdrawn and is transferred to the court of Metropolitan Magistrate at Gannavaram to try according to law and to dispose of the matter. The District and Sessions Judge, Machilipatnam is directed to see that the records are transmitted within one month and both the parties are directed to appear before the Metropolitan Magistrate, Gannavaram on 20.01.2012. 4. Accordingly, the Criminal Petition is disposed of. _____________________________ N.R.L. NAGESWARA RAO, J Date:15.12.2011. Gk THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 6349 of 2009 DATE: 15.12.2011 Gk