The single-judge criminal court dismissed a transfer petition lacking merit. The court held that vague allegations of threats and convenience were insufficient to invoke its transfer jurisdiction for the underlying maintenance enhancement case.
Transfer criminal petition No.73 of 2017 and pending miscellaneous applications stand dismissed.
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THE HON'BLE DR. JUSTICE SHAMEEM AKTHER
TRANSFER CRIMINAL PETITION No.73 of 2017
ORDER:
Heard learned counsel for the petitioner and respondent No.1 and perused the record.
This petition is filed for withdrawal of Crl.M.P.No.210 of 2017 in M.C.No.9 of 2012 from the Court of Additional Junior Civil Judge, Chilakaluripet, Guntur District, and to transfer the same to the Court of Additional Junior Civil Judge, Chirala, Prakasam District.
Learned counsel for the petitioner would submit that the wife of respondent No.1’s brother is working in the Court at Guntur and respondent No.1 is threatening the petitioner with dire consequences.
On the other hand, learned counsel for respondent No.1 denied the allegations of the petitioner and submitted that in M.C.No.9 of 2012, maintenance has already been granted to respondent No.1 and respondent No.1 has filed aforesaid Crl.M.P. only for enhancement of maintenance.
Dr. SA, J Tr.Crl.P.No.73 of 2017
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Vague allegations are made in the petition. However, in M.C.No.9 of 2012, seeking enhancement of maintenance, respondent No.1 filed aforesaid Crl.M.P. which would not take much time of the Court for disposal. There is nothing to believe the averments mentioned in the Criminal Petition to invoke the jurisdiction of this Court for transferring the Crl.M.P. as prayed for.
The Transfer Criminal Petition is devoid of merit and is accordingly dismissed.
Pending miscellaneous applications, if any, shall stand dismissed in consequence. ____________________________ Dr. SHAMEEM AKTHER, J 6th OCTOBER, 2017.
kvni
1 issue framed by the court
Whether a criminal petition for transfer of a maintenance enhancement application should be allowed given vague allegations of threat and convenience.
Petitioner
Respondent No.1
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
