The High Court at Hyderabad dismissed a Transfer Criminal Petition filed under Sections 40T(1) and 407(6) of CrPC 1973 as infructuous because the cause did not survive for adjudication. Miscellaneous applications were also dismissed.
Transfer Criminal Petition dismissed as infructuous. Miscellaneous applications, if any, dismissed.
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.
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IN THE HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE FIFTHDAY OF NOVEMBER TWO THOUSAND ANDTWENTYONE
PRESENT THE HONOURABLEJUSTICEG SRI DEVI
TRA SFER CR IMINALPETITIONNO: 60 OF 2018
| .( Between: -l--AJotdkuq' |
|---|
| 1.Smt.A.Padma@Padmavathi WoSudhakar aged 45years Occ: housewifer/o37-931250176 Sainikvihar,roadno.6 lVadhuranagar,Malkajgiri, Ranga ReddyDistrict. |
| 2.A. SudhakarS/oAnantha swamy Aged55yearsocc:Nil rlo37-931250/76Sainik viharroad, madhura nagar,Malkajgiri, R.R.District. |
| 3.P.JyothiWoRanganath Aged38years occ:housewife r/oH.No.5-4-831291 Employees colony,Yapral, Ranga ReddyDist. And ..Petitioners/ Respondentnos.2to4 |
| 1,Smt. P.PrasannaWoP.Madhu Aged37yearsocc: r/or.H.No.37-931250I84 Sainikpuriroad no.4 Madhura nagar,Malkajgiri, RangaReddyDistrict. .Respondentno.1/ Aggrievedperson |
| 2.StateofTelangana, |
| Rep. byits Public Prosecutor HighCourt at Hyderabad. Respondentno.2 |
| 3.P. lVadhu S/oVaradaiah Aged 40yearsocc: Pvt. Employee rIo37-931250/84Neremet, Malkajgiri, R.R.District. (Res.No.3 is not necessaryparty) ..Respondent no.3/ Respondentno.1 ..2 |
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PetitionunderSection40TofCr'P,CprayingthatintheCircumstancesstated in the Memorandumof ,Jroundsof Criminal Petition,the High Court may be pleased to transfer the DVCNo. 06/2017 which is Pending on the file of Hon'ble Judicial FirstClasslr,4agistrate,atMedak,MedakDistricttothecourtofHon'bleXX tvletropolitan[,4agistrat{],Cyberabad/RachakondaatMalkajgiri'RRDistrict'and pa." iu"t-l other Jrder or ordersas this Hon'ble Court deems fit
I.A, NO: 1 0F 2018
petition under Section 407(6) of cr.P.c praying that inthe circumstances stated in the lvlemorandumof grounds of criminalPetition,the Highcourt may be piur.uJ to stay all furtherproieedingsincluding appearance of the Petitionerin bVC No. 0612017on the file of Leained Judicial First Class Magistrate,tvledak, pending the disposal ot Tr.Crl.Pin the interestof justice'
ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminal-Petition and upon hearingthe argumentsof sri.M.v.HANUMANTH/rRAO, Advocatefor the Petitionersand of the Assistant Public Prosecutor(TG)on behalfof the Respondent No.2 and of No one for the Respondent Nos.1& 3
The Court made thefollowing: ORDER
i{
HONOURABLE JUSTICE G. SRI DEVI
Transfer Criminal Petition No.60 of 2018
ORDER;
Learned counsel for the petitioners submits that the cause in
the Transfer Criminal Petition does not survive for adjudication and
the same has become infructuous
ln view of the aforesaid submission, the Transfer Criminal
Petition is dismissed as infructuous.
lvliscellaneous applications,if any pending in this petition, shall
stand dismissed.
/
Sd/-N. CHAN DRASEKHAR RAO ASSISTANT REGISTRAR
//TRUE COPY'
SECTION OFFICER
To
a
One CC to Sri M.V.Hanumantha Rao, Advocate (OPUC)
tir
HIGH COURT
DATED:0511112'021
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24 N0,r1r1 t")
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ORDER
TRCRLP.No.60 of 2018
Dismissing the Tr.Crl.P. as infructuous.
'l3 $
3 issues framed by the court
Whether a Transfer Criminal Petition survives for adjudication when the cause is infructuous.
Whether to dismiss the Transfer Criminal Petition filed under Section 40T(1) Cr.P.C.
Whether to dismiss miscellaneous applications pending in the petition.
2 provisions across 1 enactments
Smt. A. Padma
A. Sudhakar
P. Jyothi
Smt. P. Prasanna
State of Telangana
P. Vadhu
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
