In this transfer criminal petition filed under Section 407 CrPC challenging prior transfer orders and seeking a stay, the High Court observed that the petition lacks cause to survive further adjudication, dismissing it as infructuous.
Transfer Criminal Petition No.9 of 2021 is dismissed 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 OFTELANGANA
AT HYDERABAD
TUESDAY, THE SEVENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
TRANSFER CRIMINAL PETITION NO,9 OF 2021
Between:
Vegulla Leela Krishna, S/o Veeraju, Age 47 years, Occ: Business, F/o.3-26, Pedda Veedhi, Valluru Post, Kapileshwarapuram Mandal, East Godavari District AP 533 309.
...PETITIONER/ACCUSED
AND
,RESPONDENT/COMPLAINANT
Petition under Section 407 of Cr.P.C.praying thatin the circumstancesstated in the affidavit filed therewith, the High Court may bepleased to set aside the orders dt.2810112021passed in transfer Crl.MP.No.19 of 2021and allow the present Transfer Criminal Petition by transferringC.C.No.'167of 2019 on the file of the lll Special Magistrate, Erramanzil, Hyderabadto any other Court.
l.A. NO: 1 OF 2021
Petition under Section 407 (6) CPCpraying that in the circumstancesstated in the affidavit filed in support of thepetition, theHighCourt may be pleasedto grant stay of all further proceedings in C.C.No.167 of 2019 on the file of the lll Special Magistrate, Erramanzil,pending hearing ofpresentTransferCriminal Petitio n.
This Petition coming on for hearing, uponperusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A. L. Raju, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri A. Prabhakar Rao, Advocate for the Respondent No.2.
The Court made the following: ORDER
HON,B ,E SMT. JUSTICELALITHA KANNEGANTI
I
Tt AL PETITIONNo.9of 202r
ORDER:
Sri A.L. Raju, learnedcounsel for petitionersubmits that cause n. this Petitiondoes notsurvive forfurther adjudication.
Petition is disrr .ssed asinfructuous.
I
SD/.B.SATYAVATHI ASSISTI\NT REGISTRAR
,TRUE COPY//
SECTION OFFICER
To
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HIGH COURT
DATED: 0711211021
ORDER
TR.CRL.P.No.9 of 2021
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DISMISSING TI{E CRL.P. AS INFRUCTUI)US.
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2 issues framed by the court
Whether the petition under Section 407 CrPC survives for further adjudication to set aside prior transfer orders and allow transfer of the criminal case.
Whether a stay of further proceedings in the underlying criminal case should be granted pending the hearing of this transfer petition.
Colour shows how this judgement treated each authority
Transfer Crl.MP.No.19 of 2021Referred¶14
2 provisions across 1 enactments
Vegulla Leela Krishna
The State of Telangana
Kautilya Ravella
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
