Dismissed

Aail Reddy Gari Naveen Reddy v. The State of Telangana

Telangana HC28 Nov 2023TRCRLP/110/2023

Case brief

AI extract

What is this about?

This transfer criminal petition under Sections 407 and 482 of Cr.P.C. sought to transfer a maintenance case from the Magistrate of First Class, Zaheerabad, to Sangareddy. The court dismissed the petition, holding that the pending Family Court case in Sangareddy does not constitute a ground for transferring the civil maintenance case filed in Zaheerabad.

What did the court decide?

The Transfer Criminal Petition under Section 407 Cr.P.C. is dismissed; pending miscellaneous applications are closed.

Aail Reddy Gari Naveen Reddy Vs The State of Telangana — Property and Title | Telangana HC (2023)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE K.SURENDER TRANSFER CRIMINAL PETITION NO i110 OF 2023

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BETWEEN:

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Aail Reddy Gari Naveen Reddy S/o Aail Reddy Gari Kista Reddy

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...PETITIONER/Respondent

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AND

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The State of Telangana Rep By ils Public Prosecutor High Court of Telangana Hyderabad 2. Aail Reddy Gari Jataja Wo Naveen Reddy aged about 29 years Occ House Wife Rl/o RYo HNo 1-6-8411lD Near Shishumandir School Dattagri Colony Zaheerabad Telangana 502220 3. lvlaster Aail Reddygari Shrithik Reddy S/o Mr Ail Reddy Gari Naveen Reddy Aged about 5 years R/o HNo 1 -6-84/1/D Near Shishumandir School Dattagri Cotony Zaneeabad f ebngana 502220 4. Baby Aail Reddygari Vanshika Reddy D/o Mr Aailreddy Gari Naveen Reddy Aged about 1 5 years R/o HNo 1-6-84l1lD Near Shishumandtr School Dattagri Colony Zaheerabad Telangana 502220

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.....RESPONOENT/Petitioner

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Petition under Section 407 of Cr.P.C., praying that in the circumstances stated in the affidavit filed therewith, the High Court will be pleased to interest of justice Transfer the above MC No. 18 of 2023 on the file of Judicial Magistrate of First Class, Zaheerabad, to Judicial Magistrate of First Class, Sangareddy.

¶12

lA No.'l of 2023

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of petition, the High Court may be pleased to stay of all further proceedings including appearance in MC No.18 of 2023 on the file of Judicial

¶14

Mat;istrate of First Class, Zaheerabad, Sangareddy District pending dislrosal of the above transfer petition.

¶15

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P.Achut Rama Shastry, Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent No.1 and Respondent No.2 and 4 not appearing in person or by Advocate.

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SURENDER

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TRANSFER CRIMINAL PETITION No.110 of 2023

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ORDER:

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This Transfer Criminal Petition is filed under Section 407 of the Code of Criminal Procedure, 7973 (for short 'Cr.P.C.') by the petitioner/respondent to transfer the M.C.No.18 of 2023 on the file of the |udicial Magistrate of First Class, Zaheerabad to Judicial Magistrate of First C1ass, Sangareddy.

¶22

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.

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The petitioner/husband 1S seeking to transfer of the maintenance case filed by the respondent No.2/wife and also on behalf of the respondent Nos.3 and 4, who are children. It is not disputed that the petitioner is resident of Zaheerabad, where the maintenance case is pending.

¶24

Learned counsel for the respondent would submit that there is a Family Court case, which is filed at Sangareddy, where the wife is appearing. The said appearance of the wife in the Family Court at

I i

Sangareddf is not a^{ground to transferthe maintenance filed at}

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Judicial^{Magistrateof First Class,Zaheerabad}

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5 Accordingly, this Transfer^{CriminalPetitionis dismissed}

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Misc,:llaneous applications^{pending,if any, shall stand closed'}

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SD/- MOHD. SANAULLAH^ANSARI ASSISTANkREGISTRAR //TRUE CoPY// _.M-__.. SECTICI'N OFFICER

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To,

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The Judicial^{Magistrateof First Class, Zaheerabad.} The Judicial^{Magistrateof First Class, Sangareddy.}

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Two C.D.Copies.

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Two CCs to the Public^{Prosecutor, High Court for the State of} Telangana, Hyderabad^(OUT)

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li one CC to Sri P.Achut^{Rama Shastry, Advocate(OPUC)}

{)"

HI(3H COURT

DITTED:28.11.2023

OFIDER

TR:.CRLP NO.110 OF 2

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¶47

DIISMISSING THE TRANSFER CRIMINAL PE:TITION.

¶48

9t,r,

Aail Reddy Gari Naveen Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Aail Reddy Gari Naveen Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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