Dismissed

Sakhari Kanakaiah Dora v. The State of a.P., rep. by P.P.

Telangana HC28 Feb 2013TRCRLP/52/2013

Case brief

AI extract

What is this about?

Hon'ble Justice R. Kantha Rao dismissed a Transfer Criminal Petition filed under Section 407 Cr.P.C. The petitioner, a defendent in a domestic matter, sought transfer to avoid alleged police intimidation and apprehended danger. The court held the apprehension unfounded and noted the petitioner's residential inconvenience if the case were transferred.

What did the court decide?

The transfer of the Maintenance Case to Ranga Reddy or Hyderabad Districts was denied.

Sakhari Kanakaiah Dora Vs The State of a.P., rep… — Service and Employment | Telangana HC (2013)

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HONOURABLE SRI JUSTICE R. KANTHA RAO TRANSFER CRIMINAL PETITION No.52 of 2013

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ORDER:

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the State.

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2. This Transfer Criminal Petition is filed under Section 407 Cr.P.C. to transfer the Maintenance Case, pending on the file of the Additional Judicial Magistrate of First Class, Chodavaram, to any Court at Ranga Reddy or Hyderabad Districts, having jurisdiction.

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3. The transfer of the Maintenance Case was sought on the ground that while the petitioner and others, who were accused in Crime No.148 of 2012 of Chodavaram Police Station, granted anticipatory bail with condition to furnish sureties to the satisfaction of the Inspector of Police, Chodavaram Police Station and when they approached the Circle Inspector, to furnish the bonds, they were ill treated at the hands of the Inspector of Police, Chodavaram Circle. Having regard to the said incident, the petitioner submits that he received the summons in the Maintenance Case, filed by his wife, 2^nd respondent herein, and if he attends the Magistrate’s Court at Chodovaram, he apprehends danger to his life. Therefore, he seeks transfer of the Maintenance Case to any of the Courts at Ranga Reddy or Hyderabad District, having jurisdiction to try the case.

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4. Considering the submission made by the petitioner and other accused, learned Single Judge of this Court modified the order, granting anticipatory bail to the effect that they can furnish sureties to the satisfaction of the Superintendent of Police, Visakhapatnam. In connection with the alleged ill-treatment caused to the petitioner, it

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seems that there is an enquiry pending against the Inspector of Police, Chodavaram.

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5. The 2^nd respondent filed Maintenance Case at the place where she resides. The ill treatment caused to the petitioner and other accused by the Inspector of Police has nothing to do with the Maintenance Case. If the 2^nd respondent or her people resort to any violence against the petitioner, he can make a report to the police by stating the same. The apprehension of the petitioner seems to be unfounded and if the Maintenance Case is transferred to any of the Courts at Ranga Reddy or Hyderabad Districts, undue hardship and lot of inconvenience would caused to the 2^nd respondent – wife, as she is a resident of Chodovaram, Visakhapatnam District.

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6. For the foregoing reasons, the Transfer Criminal Petition is dismissed, as no valid ground for transfer, is made out. The miscellaneous petition filed in this transfer criminal petition also stands disposed of.

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_______________ R. KANTHA RAO, J

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February 28, 2013. KTL

Sakhari Kanakaiah Dora v. The State of a.P., rep. by P.P.

Case brief

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What did the court decide?

Sakhari Kanakaiah Dora v. The State of a.P., rep. by P.P.

Case brief

What is this about?

What did the court decide?

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