E.Diwakar v. state of telangana
Case brief
What is this about?
The High Court at Hyderabad dismissed the transfer criminal petition for non-prosecution because the petitioners did not appear in court during the hearing on the specific date.
The High Court at Hyderabad dismissed the transfer criminal petition for non-prosecution because the petitioners did not appear in court during the hearing on the specific date.
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
v
FRIDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE JUSTICE G SRI DEVI
TRANSFER CRIMINAL PETITION NO: 57 0F 2018
Between:
AND
...RES,.NDENT'/RES'.NDENTS
Petition under Section 407 of cr.P.cpraying thatin the circumstancesstated in the lvlemorandum ofgrounds of criminalPetition, the High court may be pleased to withdraw D.V.C.No.02/2017 on thefile of Hon'ble ll Additional Judicial First Class Magistrate, at Kothagudem, KhammamDistrict and transfer the saidD.V.C.No. 212017 lo the court of the Hon'ble llAdditionalJudicial First ClassMagistrate, Khammam by setting aside theorder dt. 29.08.2017 passed in crl.T.P.No.s6812O17 in DVC.No. O2l2O17 on the file ofHon'ble Prl.SessionsJudge, Khammam.
l.A. NO: 1 OF 2018
Petition under section 407(6) of cr.P.cpraying that in the circumstances stated in the Memorandumof groundsof criminalPetition,the Highcourt may be pleased to stay all furtherproceedings in D.V.C.No.212017 on the file of the Hon'ble ll Additional Judicial First ClassMagistrate, Kothagudem, KhammamDistrict, pending disposal of the Transfer CriminalPetition.
This Petition coming on forhearing, upon perusingthe Memorandum of Grounds of criminalPetition and upon hearing the arguments of sTi.P.VtSHNUVARDHANAREDDY, Advocate for the Petitioners and of the Assistant Public Prosecutor on behalf ofthe RespondentNo.'l and of no one for the Respondent No.2.
The Court made thefollowing: ORDER
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THE HONOURABLE JUSTICE G. SRIDEVI TRANSFHR C RIMINAL P ETITIONNo.57of 2018
ORDER:
Today, when the matter came up for hearing, none appeared
on behalf of the petitioners.
Hence, the Transfer Criminal Petition is dismissed for non-
prosecution.
Miscellaneouspetitions, if anypending in thispetition, shall
stand dismissed.
Sd/.N.CHANDRASEKHARRAO
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ASSISTANTREGISTRAR
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SECTION OFFICER
To'" 1. Th" Hon'ble ll Additional Judicial First Class Magistrate' Kothagudem'
. i. o.i, ctt" sri p.visnnuvirdnana R6ddv'advocate (OPUC) - - ;. i;; ddtloin" CroricprosecJtor, Higti Court for the stateof relangana' Hyderabad(OUT)
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HIGH COURT
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DATED:05/1 1/2021
ORDER
TRCRLP.No.57 of 2018
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DISMISSING THE TR.CRL.P. FOR NON-PROSECUTION.
It
1 issue framed by the court
Whether a transfer criminal petition can be dismissed for non-prosecution when no one appears on behalf of the petitioners.
1 provisions across 1 enactments
Elkapalli Diwakar
Elkapalli Bhagyarekha
The State of Telangana
Elkapalli Himabindu
G Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court