Dismissed

Ganta Sheshidar Rao and 2 others v. The State of Telangana and another

Telangana HC21 Jul 2023TRCRLP/16/2021

Case brief

AI extract

What is this about?

The High Court dismissed a transfer petition seeking to move a criminal case from Thungathurthy to Warangal. The Court held that a second respondent's civil suit in Warangal was insufficient grounds, noting that transferring the case would cause significant hardship to the prosecution in producing witnesses residing in Thungathurthy.

What did the court decide?

The Transfer Criminal Petition No. 16 of 2021 was dismissed.

Ganta Sheshidar Rao and 2 others Vs The State of… — Writ and Judicial Review | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY ,THE TWENTY FIRST DAY OF JULY TWO THOUPAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE M.LAXMAN

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TRANSFER CRIMINAL PETITION NO: 16 OF 2021

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Between:

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Ganta Sheshidar Rao, S/o.Rajeshwar Rao, Aged about 34 years, Occ. Private Job, Rl/o.Advocates Colony, Hanamkonda, Warangal Urban District.

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Ganta Vishala Laxmi, Wo.Late Rajeshwar Rao, Aged about 64 years, Occ. Housewife, R/o.H.No.1-7-1 114, Road No.1, Advocates Colony, Hanamkonda, Warangal Urban District.

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Gaali Swathi, Wo.Srikanth, Aged about 32 years, Occ. Housewife, R:/o.H.No.2-2-107418, Sai Mitra Residency, Bagh Amberpet, Opp. Sharathoni Hospital, Near Zinda tilsmath, Amberpet, Hyderabad

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...PETITIONERS/ACCUSED

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AND

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The State of Telangana, Rep.by its Public Prosecutor High Court for the State o[ Telangana, Hyderabad.

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T/srATE

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;;:'J'.X="S"13J*?IEN

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1. G antaM a n a s a, w/o, S h es h i d a r Rao, As e ro r" " Ryo.Goftiparthy village, Thungathurthy Mandal, Suryapet Dishict.

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...2ND RESPoNDENT/DEFAcTocoMPLAINANT

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Petition under section 407 of Cr.P.C., praying to withdraw C.C.No.47 of 2018 on the file of the Court of Judicial First Class Magistrate at Thungathurthy, Suryapet District and transfer to the Court of I Addl. Judicial First Class Magistrate at Warangal or any other Judicial First Class Magistrate at Warangal. l.A. NO: 1OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in C.C.No.47 of 2018 on the file of the Court of Judicial First Class Magistrate at Thungathurthy, Suryapet District.

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This Petition coming on for hearing,upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A.Prabhakar Rao, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.^1.

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE^M.LAXMITN

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I ,

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TRANSFER CRIMINAL PETITION^No.16ol'202t

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ORDER:

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This petition is filed to transfer^{C.C.No.47of 2O18 pending} on the file of the Court of^{lt:arned Judicial First Class Magistrate,} Thungathurthy, Suryapet District^{to the Court of the learned First} Additional Judicial First Class^{Magistrate, Warangal and any} other Judicial First Class^{Mzrgistrateat Warangal.}

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The second respondenl herein filed a^{comp aint under} Section 498(4') of IPC and^{Sections 3 and 4 of Dowry Prohitrition} Act. The police after investigation^{liledcharge sheet and} cognizance was taken^{b-r'thtlCourt below for the said :ffence. The} present transfer petition is^sought on^{the ground that the second} respondent herein filed a suit^{before the Courtat ['arangal for} partition and she had been attending^{theproc eedings in} Warangal, as such transfer of this^{petition is convenient to both} the parties.

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There is no representation for^{respondent No.2'}

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4 . As seen frorn the chargc sheet, all the witnesst's are from Thungathurthl, and casr: is in advance stage. Merely because

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respondent^{No.2 filed suit for partition before WarangalCourt'for} which regular^{appearanceis notrequired'thecriminal} proceedings cannot^{be transferred to Warangal' If the transfer is} done it would^{cause greathardship to the prosecution to produce} all the witnesses,^{who belong to Thungathurty' Thereforethis} Court does^{not find any merits in this case and this transfer} criminal^{petitionis liable to be dismissed'}

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5 Accordingly,^{this Transfer Criminal Petition dismissed'}

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Miscellaneous^{Petitions pending,if any' shall stand closed}

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)

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Sd/. N. CHANDRA^{SEKHAR RAO} ASSISTANT^REGISTRAR /TTRUE COPY// c*

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SECTION^OFFICER

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To 1 . The Judicial First class Magistrate at Thungathurthy, Suryapet District' 2. iil;;i;;;^{iouseonicer, t-t ungatnurthypotice,station,Suryapet District} J . O""^C'C t"^{Sri A.Prabhakar Rao , Advocate(OPUC)} 4. i*o CC"^{to Public Prosecutor, High Court of Telangana (OUT)} 5. Two CD^CoPies kS

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HIGH COURT DATED:21 10712023

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ORDER

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rn.chl.p.No.16 of 2021

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Dismissing the Tr.Crl.P.

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Ganta Sheshidar Rao and 2 others v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

Ganta Sheshidar Rao and 2 others v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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