The High Court dismissed a Transfer Criminal Petition as withdrawn by the petitioner. The petitioner sought to transfer a maintenance case from a Judicial Magistrate Court to a Family Court but withdrew the petition before the court could decide on the merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
TUESDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B SYAMSUNDER
TRANSFER CRIMINAL PETITION NO: 81 OF 2023
BETWEEN:
Aripaka Vasudeva Rao, S/o.Suri Babu, age about 36 years, Occ:Contract Employee of Sri. Varaha Lakshmi Narasimha Swamy Temple, Simhachalam, Visakhapatnam, R/o. D.No,6-374/1, Jangala Colony, Adavavaram, Visakhapatnam, A.P.
(Petitioners Cause Title Amended as per Court Order, Dated 10/11/2023in I.A.No.2 of 2023 in TR.CRLP.N0.811 of 2023.)
...PETITIONER
AND
...RESPONDENTS/PETITIONERS.
Petition Under Sec 407 of CR PC is filed praying thatthisHon’bleCourt may be pleased to withdraw the MC.No.4 of 2022, from thefile of the JudicialFirst Class Magistrate, Kothavalasa, Vizianagaram Districtandtransferthesametothe file of Judge, Additional Family Court, Visakhapatnam.
I.A. NO: 1 OF 2023
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings including appearance of the petitioner in MC.No.4 of
2022, on the file of the Court of the Judicial FirstClassMagistrate,Kothavalasa, Vizianagaram District, pending disposal of Tr.CrI.Petition.
(
I.A. NO: 2 OF 2023
I ^
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleasedto amend the petitioner's name, his father's name, age.Occupation,andaddressin the cause title of TR.CRL.P.No.81 of 2023 on the fileofthisHon'bleCourtas "Aripaka Vasudeva Rao, S/o. Suri Babu, aged about 36years,Occ;Contract employee of Sri Varaha Lakshmi Narasimha Swamy Temple, Simhachalam, Visakhapatnam, R/o. D.No. 6-374/1, Jangala Colony, Adavivaram, Visakhapatnam, A.P.".
This Petition coming on for hearing, upon perusingtheMemorandum of Grounds of Criminal Petition and upon hearing the argumentsofM/s.M.S.V.S. SUDHA RANI, Advocate for the Petitioner and the PublicProsecutor(AP)on behalf of the Respondent No.3.
The Court made the following ORDER:
*-5
THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER TRANSFER CRIMINAL PETITION No. 81 OF 2023
JUDGMENT;
Ms. M.S.V.S.Sudha Rani, learned counsel for the petitioner sought permission to withdraw the petition on the groundthatthe petitioner and the respondent together filed a petitionbefore the Additional Family Court, Visakhapatnam, seeking divorce by mutual consent”.
- For the reasons stated by the learned counsel for the petitioner, she is permitted to withdraw the petition.
Consequently, miscellaneous petitions, if any, shall stand closed. The interim stay granted if any, shall standvacated.
//TRUE COPY//
SD/- S. SRINIVASA PRASAD ASSISTANg^EGISTRAR
SECT ON OFFICER
To,
SSL ssb
HIGH COURT
DATED:05/12/2023
ORDER
TRCRLP.No.81 OF 2023
^ GDpfe.5 D5i_
«o / s AP.‘: 2*:^
if Current Seeuen ^4
DISMISSING THE TRANSFER CRIMINAL PETITION AS WITHDRAWN WITHOUT COSTS
Aripaka Vasudeva Rao
Aripaka Hema @ Telakrapu Hema
B Syamsunder
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
