The High Court dismissed a Transfer Criminal Petition seeking transfer of a case as infructuous because the main case M.C.No.7/2015 was already partly allowed and disposed of on 29.11.2018, leaving no survival to adjudicate.
Transfer criminal petition dismissed as infructuous; interim stay (if any) vacated.
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.
I
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE BANDARU SYAMSUNDER
TRANSFER CRIMINAL PETITION NO: 197 OF 2016
Between:
R.Bairappa, S/o.M.Radha Krishna, Hindu, Aged about 31 years, R/o. Rallabudugur Village and Post, Santhipuram Mandal, Chittoor District.
...PETITIONER
AND
...RESPONDENTS
Petition under Section 407 of Cr.p.c Praying that in the Circumstances stated in affidavit. The Hon’ble High Court may be pleased to withdraw and transfer the MC.No.7/2015 on the file of the JFCM., Kuppam to IV Additional judicial Magistrate Court at Chittoor.
I.A. NO: 1 OF 2016(TRCRLPMP. NO: 251 OF 20161
Petition under Section 482 CRPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in MC.No.7/2015 on the file of the JFCM., Kuppam to ly Additional Judicial Magistrate Court at Chittoor, pending disposal of the mam Transfer Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum of cmM?wAo A Petition and upon hearing the arguments of Sri K SRINIVAS, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and of Sri K V L Narasimha Rao, Advocate for the Respondent No. 2
The Court made the following: ORDER
V
HON’BLE SRI JUSTICE BANDARU SYAMSUNDER
Transfer Criminal Petition No. 197 of 2016
ORDER;
The learned counsel Mr.R.Sai Prakash, representing on behalf of Mr.K.Srinivas, learned counsel for the petitioner would submit that the petition has become infructuous as main case M.C.No.7 of 2015 on the file of Judicial First Class Magistrate, Kuppam, was already disposed of. A perusal of ‘e’ Courts website pertaining to Judicial First Class Magistrate Court, Kuppam, would show that M.C.No.7 of 2015 was partly allowedon29.11.2018 itself. Hence, no Us survives to adjudicate in the present transfer petition. 2. Accordingly, this transfer criminal petition is dismissedasinfructuous. No order as to costs. Consequently, miscellaneous petitions if any, shall stand closed. Interim Stay granted if any, shall stand vacated.
SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To, 1. The IV Additional Judicial Magistrate Court at Chittoor. 2. The Judicial First Class Magistrate, Kuppam, Chittoor District 3. One CC to SRI. K SRINIVAS, Advocate [OPUC] 4. One CC to SRI. K V L NARASIMHA RAO, Advocate [OPUC] 5. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]
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HIGH COURT
DATED:03/01/2024
ORDER
TRCRLP.No.197 of 2016
9 CopfiS
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DISMISSING THE TRCRLP AS INFRUCTUOUS WITHOUT COSTS
1 issue framed by the court
Whether a transfer criminal petition regarding transfer of a case becomes infructuous when the main case has already been disposed of.
R.Bairappa
The State Of A.P.
R. Sasikala
Justice BandarU Syamsunder
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
