In this transfer criminal petition under Section 407 CrPC, the High Court dismissed the petition for non-prosecution as the petitioner did not appear when the matter came up for hearing.
Transfer of M.C. No.5 of 2017 and stay of proceedings in M.C. No.2 of 2017 denied.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY ,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE JUSTICE G SRI DEVI
TRANSFER CRIMINAL PETITION NO: 55 OF 2018
Between:
Elkapalli Diwakar,Sio. Devaiah, Occ, Employee in Air Froce R/o. H.No. 7-14-62, sriram Hills, Khamsalapuram, Khammam Urban (M), Khammam District.
..,PETITIONERS/ PETITIONERS/RESPONDENTS
AND
...RESPONDENT/ RESPONDENT/petitioner
Petition under Section 407 of Cr PC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to withdraw IVl.C. No. 5 ol 2017 on the file of Hon'ble ll Additional Judicial First class lvlagistrate kothagudem, khammam District and transfer the said M.C. No.5 ol 2017 to the court of the Hon'ble ll Additional Judicial First Class l,4agistrate, khammam by setting aside the order Dt. 29.8.2017passed in Crl.T.P.No.966 of 2017in M.C.No. 5 of 2017 on the file of Hon'ble Prl.Sessions Judge, khammam.
l.A. NO: 1 OF 2018
Petition under Section 407(6) of Cr PCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased To Stay all furtherproceedings in M.C. No. 2 of 2017 on the file of Honble ll Addl. Judicial first class Magistrate kothagudem, khammam District,pend ing diposal of the Transfer criminal petition .
Counsel for the Petitioner(s):SRl. P VISHNUVARDHANA REDDY
Counsel for the Respondent No.1: PUBLIC PROSECUTOR(TG)
The Court made the following: ORDER
THE HONOURABLE JUSTICE G. SRI DEVI TRANSFER CRIMINAL PETITION No.55 of 2018
ORDER:
Today, when the matter came up for hearing, none appeared
on behalf of the petitioner.
Hence, the Transfer Criminal Petition is dismissed for non-
prosecution.
[/iscellaneous petitions, if any pending in this petition, shall
stand dismissed.
SD/.K.SAILESHI
ASSISTANT REGISTRAR ,TRUE COPY// 6,
SECTION OFFICER
To,
CDL
TR
lN-D.-
HIGH COURT
DATED:0511112Qt21
ORDER
TRCRLP.No.55 of 2018
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DISMISSINC THE TR,('RL.P
NON-PROSECUl'ION
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1 issue framed by the court
Whether the Transfer Criminal Petition should be allowed in the absence of the petitioner.
2 provisions across 1 enactments
Elkapalli Diwakar
State Of Telangana
Elakapalli Himabindu
G Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
