Petitioner sought withdrawal and transfer of a matrimonial criminal summons via a transfer petition. Clerk noted the matter was settled. Transfer petition dismissed as infructuous; pending miscellaneous applications dismissed.
Dismissal of Transfer Criminal Petition and miscellaneous applications as infructuous.
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 FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
TRANSFER CRI MINAL PETITION NO: 11 OF 2020
Between:
Kanishka Borkar, Sio. Late M.N.Borkar,
...PETITIONER
AND
...RESPONDENTS
Petition under Section 407 of Cr.P.C praying that in the circumstances stated in the Memorandum of grounds of Criminal Petition, the High Court may be pleased to withdraw MC No. 244 of 2017 pending on the file of lll Additional Family Courtcum -XVl Additional District and Sessions Judge, Malkajgiri and transfer the same to the Judge, Family Court, City Civil Court, Secunderabad.
l.A. NO: 1OF 2020
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the trial of MC No.244 ol 2017 on the file of lll Additional Family Court -cum -XVl Additional District and Sessions Judge, Malkajgiri and O.P No.398 of 2019 on the file of the Judge, Family Court, City Civil Court, Secunderabad.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri.Mohd. Faseehuddin, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of the Respondent No.2 and the Respondent No.1 not appeared either in person or by Advocate.
The Court made the following: ORDER
I
THE HOII'BLE SMT. JUSTICE LALITHA NANNEGANTI
IBANS,.ER CRIMINAL PETITION No. 11 0F 2020
ORDER:
Mr. Mohd Faseehuddin, learned counsel lbr the petitioner, submits that th( matter is settled between the parties an<l nothing remains for adj rdication and the Transfer Criminal petition has become infructuc us.
In that vie.r of the matter, recording the said submission, the
Transfer Crimina Petition is dismissed as infructuous.
Miscellane< us applications, if any, pending shall stand
dismissed.
ScIIK.VENKAIAH ASSISTANT REGISTRAR
,TRUE COPY// ,\L''
\
SECTION OFFICER
To
Kj
HIGH COURT
DATED:0911212021
tiE S?A S- i<br>o-.'
I 4fr
lo
2$ nFC:ii1
ORDER
TRCRLP.No.11ol 20 20
DISMISSINGTHE T I.CRL.P.AS INFRUCTUOUS.
<br>
2 issues framed by the court
Whether the transfer criminal petition has become infructuous due to settlement between parties.
Whether further proceedings in the miscellaneous applications should be stayed.
2 provisions across 1 enactments
Kanishka Borkar
Smt. Piyali Sinha
The State of Telangana
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
