Dismissed

Kamma Manohari and another v. The State of Telangana and another

Telangana HC16 Dec 2021TRCRLP/4/2021

Case brief

AI extract

What is this about?

Transfer Criminal Petition filed by a mother and minor daughter seeking transfer of a seven-year-old maintenance case from Manugur Courts to Hyderabad. The High Court rejected the transfer but directed the lower court to dispose of the pending maintenance application within four weeks.

What did the court decide?

Transfer of the maintenance case from Manugur to Kukatpalli/Hyderabad refused; direction issued to the Court below to dispose of M.C. No. 12 of 2014 within four weeks.

Kamma Manohari and another Vs The State of… — Criminal Trial and Appeal | Telangana HC (2021)

¶1

IN THE H]GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY ,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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TRANSFER CRIMIN AL PETITION NO: 4 OF 2021

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Between:

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1 (9p1a.Marylari W/o Appa Rao, Aged 45 years, occ.House Wife, Flo ptot No. 119, Dr No. 2-22-191111c2, Jaya Nagar, KPHB, Hyderabad

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2 Kamma Rashm.i, _D/o Appa Rao, Agi-rd iB years, occ.Student, Rl/o plot No. 119, Dr No.2-22-191111G2, Jaya Nagar, KPHB, Hyderabad

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...PETITIONERS

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AND

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The state of relangana , Through Public Prosecutor High court at Hyderabad.

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{grT.u Appa Rao, S/o Ramaiah, Aged 49 years, occ.Business, Ryo Chavitigudem Village, Aswapuram Mandal,-Khammam District'

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...RESPONDENTS

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Petition under section 4o7 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to transfer the MC No. 12 of 2014 from the file of Judicial Magistrate of First class Manuguru to the Honourable Judicial l/agistrate of First class at Kukatpalli or any other court in Hyderabad or Ranga Reddy District court in the interest of justice.

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l.A. NO: 1 OF 2021

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Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant interim maintenance pending disposal of the main transfer petition, directing the 2nd respondent herein to pay a sum of Rs. 10,000/- to each of the petitioners in the interest of justice .

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This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri p. RAIr/A SHARANA SHARA/A ,Advocate for the Petitioner and the public prosecutor on behalf of the Respondent No.1 and of Sri PALIVELA SATYARAJABABU, Advocate for the Respondent No. 2

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The Court made the following: ORDER

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THE HONORABLE SMT JUSTICE LALITHA KANNEGANTI

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Tr.Crl.P.No.4 of 2021

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ORDER

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Thls petition is filed seeking transfer of lM.C.No.12 of 2014 on the file of Judicial Magistrate of First Class, Manugur, to the file of Judicial Magistrate of First Class at Kukatpally or an-y other Cou( in Hyderabad or Ranga Reddy District.

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Learned counsel for the petitioner Sri P. Rama Sharana Sharma, submits that though M.C. was filed in the year 2014, no interim maintenance is granted to the petitioners. Learned counsel submits that the petitioners are facing severe hardship and apart from that the learned Judge has passed an order directing the 2nd petitioner to undergo DNA test. Learned counsel submlts that as the matter is not doclded by the learned Judge from the last 7 years and as the 2nd petitioner is studying in Kukatpally, the petitioners are constrained to move this Court seeking transfer of IVIC.

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On the other hand, learned counsel for the 2nd respondent Sri P. Satyaraja Babu, submits that as the 1st petitioner is living adulterous life, the 2nd respondent has moved an application before the Court below that the 2nd petitionlr has to undergo DNA test and at that point of time, the petitioners have approached this Court by filing Crl.P.No.6630 of 2019 and obtained stay of lmpugned notlce dated 24.09.2019 in tV.C.No.1 2 of 2014, issued by the Judicial Magistrate of First Class at Manugur. Learned counsel further submits that as the 2nd respondent is denying that he is the father of 2nd petitioner, she is not entitled for maintenance.

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This maintenance case is of the year 2014 and this Court is not satisfied with the reasons stated for transfer of the case, and as such, this

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LK, J Tr.Qrl,P.No.4^of2021

Court is^{not inclinedto transfer the case from the file of Judicial Magistrate} of First^{Class, Manugur' to the file of Judicial Magistrateof First Class at} Kukatpally^{or anyother Court in Hyderabador Ranga Reddy Dlstrict'}

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Be that^{as it may,thisM C" is of the year 2014' andit appears that} even an^{interim applicationfor maintenanceis not disposed of As the} M.C.,^{is pending sincelast 7 years' this Court deemsit appropriate to} direct^{the Court belowto disposeof M C No'12 oI 2014 itself within four} weeks from^{the date of receipt of a copyof this order'}

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With the^{aforesaid direction'the Transfer Criminal Petitionis} disposed^of.

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7 trili.0scellaneous^{petitionB, if any' pending in this petitlon shall stand}

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closed.

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Sd/.K'VENKAIAH ASSISTANT^REGISTRAR //TRUE^COPY/i sEcnoNL#-lcER

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To,

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The Judicial^{Magistrate of First Class at Manuguru' Khammam Dist'}

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, TwoCCstoPublicProsecutor,HighCourtatHyderabadfortheStateof Telangana^(OUT)

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One CC^{to SRl.P RAI''IA SHARANA SHARMA' Advocate[OPUC]}

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4 One CC^{to SRl. PALIVELA SATYA RAJA BABU' Advocate[OPUC]}

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Two^{CD CoPies} 6. One^SPareCoPY l'

I I

HIGH^COURT

DATED:1611212021

ORDER

TRCRLP.N^{o.4 ot 2021}

¶49

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:)

¶50

DISPOSING^{OF THE TR.CRL.PETITION'}

Kamma Manohari and another v. The State of Telangana and another

Case brief

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Kamma Manohari and another v. The State of Telangana and another

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