Dismissed

P.Avinash v. The State of Telangana

Telangana HC9 Dec 2021TRCRLP/15/2020

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a petition under Section 407 CrPC seeking transfer of a maintenance case from the Ranga Reddy Family Judge to the City Civil Court. The transfer was rejected because the pending civil suits involving the parties meant they would still need to appear in the current court.

What did the court decide?

Transfer of maintenance case to City Civil Court Family Court rejected and petition dismissed.

P.Avinash Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE NINTH DAY OF DECEMBER rWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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Between:

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TRANSF E R CRIMIN AL PETITION N O: 15 OF 2020

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P.Avinash, S/o. Panduranga Rao,

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...PETITIONER

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AND

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1 The state of relangana, Rep. by its pubric prosecuror, High court for the state of Telanqana at Hv"derabact

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2 Smt. Ph,tke Himaja, W/o Avinash,

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.,,RESPONDENTS

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Petition under section 407 of cr.p.c praying that in the circumstances stated in the l\rlemorandum of grounds of criminal petition, the High courr may be pleased to withdraw MC No.277 of 20i9 on the file of Family Judge, R.R.District at LB Nagar and transfer the same to the Famiry court, city civir court, Hyderabad for adjudication along With F.C.O.p No.1000/20.,19 or separately

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l.A. NO: 1 OF 2 020

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Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of grounds of criminar petition, the High court may be pleased to stay all further proceedings in MC No. 277 of 2019 on the file of Family Judge, R.R.District at L.B.Nagar.

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This Petition coming on for hearing, upon perusrng the lMemorandum of Grounds of criminal Petition and upon hearing the arguments of Dr.H.c.UpADHyAy, Advocate for the Petitioner and of the Additional public prosecutor on behalf of the Respondent No.1 and of Sri K.V.sudhakar, Advocate for the Respondent No.2.

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The Court made the following: ORDER

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THE HON'BLE SMT, JUSTICE LALITHA KANNEGANTI

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TRANSF OR CRIMINAL PETITION NO. 15 OF 2O2O

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ORDER:

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The presen. Transfer Criminal Petition is filed under Section 407 of the Co le of Criminal Procedure seeking to transfer M.C.No.277 ol 2( 19 on the file of the Court of the Family Judge, R.R.District at L. l.Nagar, to the Family Court, City Civil Court at Hyderabad for ac^judication along with F.C.O.P.No. 1000 of 2019 c:r separately.

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This natter came up on 01.72.2021. As there was no representation on behalf of the petitioner, the matter was directed to be listed today ur der the caption "For Dismissal". Toclay also none appears for the^pe -itioner. Perused the material available on record. 3. The r, asons stated in the affidavit filed in support of the Transfer Crimina Petition are that the wife has filed M. C. under Section 125 Cr.P.t^). on the file of the Family Judge, R.R.District. it is also stated that he mother of the petitioner filed O.S.No.1016 of 2019 against the respondent herein and the Court has^passed ad interim injunction against the respondent herein in I.A.No.1 of 2019. It is stated that langa Reddy Court is about 20 km which takes about two hours o'journey during busy hours^{and as his parents are} senior citizens ar d further, F.C.O.P.No.1000 of 2019 is^pending before the Family Court, City Civil Court at^{Hyderabad, the present} case may be trar sferred to the^Family Court,^{City Civil Court at} Hyderabad.

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Admit edly, at Ranga Reddy Courts,^{both M.C.No277 of} 2019 as vvell as O S.No.1016 of 201'9,^{which is filed by the mother of} the petitioner, art pending.^{They have to attend those Courts in} respect of O.S No.1O16 of 2019. Further, the second

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respondent/wife is a resident of Vanasthalipuram, R.R.District and her convenience equally has to be taken into consideration. in that view of the matter, this Court finds no reason to transfer M.C.No.277 of 2Ol9 from the Court of the Family Judge, R.R. District to the Court of the Family Judge, City Civil Court at Hyderabad.

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Accordingly, the Transfer Criminal Petition is dismissed.

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Miscellaneous applications, if any, pending shall stand

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dismissed.

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Sd/-K.VENKAIAH ASSISTANT REGISTRAR ,TRUE COPY'

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SECTION OFFICER

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To '1 . The Judse, Family Court, Ranga Reddv 9l^tllig!?t^{L'B Nagar'}

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Z, One CC-to^{Dr. H.e .Upadhyay, Advocate (OPUC)} 5. il; cc.i"^{th" punti'i proietutor, High Court for the State of Telangana'} Hvderabad^(OUT)

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+. oiL-CC to Sri^{K.V.Sudhakar, Advocate (oPUC)}

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Two CD CoPies

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One SPare^CoPY Kl.

\{r

HIGH COURT

DATED:0911212021

<br>t st}tt?s*'

ORDER

TRCRLP.No.15 ol 20i⁰

DISMISSING THE TR CRL.P.

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P.Avinash v. The State of Telangana

Case brief

What is this about?

What did the court decide?

P.Avinash v. The State of Telangana

Case brief

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What the court decided

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