A transfer criminal petition seeking to shift a case from Khammam District to Ranga Reddy District was dismissed as infructuous because the underlying matter had already been dismissed for default on 17.09.2019.
Petition dismissed; miscellaneous petitions closed.
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.
,N IHE H'GH COURT FOR
A r HrirHlBIiTEoF TELANGANA
THURSDAY, THE TWENTY
rwo iHbus'ffi lfi'Sil?fl y.2EocroBER
PRESENT
THE HONOURABLE Dr. JUSTTCE SHAMEEM AKTHER
TRA NSFER CRI MINAL P ETITIO NNO :17 OF 2016
Between:
...PETITIONERS No, 1 to 3
AND
1 yd F3.il Xnal@ AOjql Qto Late Hussain, Aged 34: yrs, occ: Reat Estate, R/o.C/o.Azgar Pasha, H. No, 4-4-2.1 1, Ghandhi colony, Kothagudem, 2 The State of Telangana, rep., Public prosecutor, High Court at Hyderabad
...RESPONDENTS
Petition under Section 407 of Cr.P.C. praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the MC No. 33 of 2015 on the file of the Family Court -cum- District Judge Court Khammam to Family Court Ranga Reddy.
TCRLPMP. NO:21 OF 2016
Petition under Section 407 (6) CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleasedto stay all further proceedings in MC No. 33 of 2015 on the file of theFamily Court -cum- District Judge Court Khammam.
This Petition coming on for hearing, uponperusing theMemorandumof Grounds of Criminal Petition and uponhearingthe arguments of Sri G. L. Narasimha Rao, Advocate for the Petitioner and thePublic Prosecutoron behalfof the Respondent No.2 and none appearedfor the RespondentNo.1.
The Court made the following: ORDER
THE HON'BLEDT. JUSTICE SHAMEEM AKTHER
TRA !;FER C MINAL P TION o.17 OF 016
ORDER:
This Transfer Criminal Petition, under Section 407 ofthe Code of Crin.rinal Procedure, 7973, is filed by thepetitioners seeking to withdraw lvl.C.No.33 of 2015pending on the file of Family Court-cum-District Judge, Khammam, and transfer the same to file rf Family Court, Ranga Reddy District, for trial and disposal in acr:ordance with law.
Miscellaneouspetitions, if any, pending in this petition shall stand closed.
SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR //TRUE COPY/i 6D
SECTION OFFICER
To, 1 lf.lyqq:Fanrity Courr -_cum -AdditionatDistrictJudge,Khammam. 2 rne Juoge F_amily Court, Ranga Reddy District. 3 lwo CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OLtT) 4. A 9nu 99to Sri G. L. NarasimhaRao, Advocate tOpUCl Two CD Copies 6. One Spare Copv Kul gbr
k$x
HIGH COURT
DATED: 2111012021
ORDER
1$E S ieiE
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d 1 o Nwzoal C;
*
.sp,:r.;a':
TR.CRL.P.No.17 ot 2016
DISMISSING THE TR.CRL,P
AS INFRUCTUOUS
t"X*
1 issue framed by the court
Whether a transfer criminal petition survives adjudication when the underlying matter has been dismissed for default?
1 provisions across 1 enactments
Md. Sahera Beoum
Husna. Khatun
Abdul Mubeen Hussain
The State of Telangana
Dr. Justice Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
