Disposed

Palakurthi Anusha v. Palakurthi Raj Kumar

Telangana HC21 Jul 2023TRCRLP/36/2023

Case brief

AI extract

What is this about?

Transfer petition under Section 407 Cr.P.C. seeking relocation of a domestic violence case from Mancherial to Karimnagar was rejected to avoid respondent inconvenience, but personal appearance of the petitioner was dispensed with.

What did the court decide?

The transfer petition was rejected. However, the petitioner's personal presence at every hearing was dispensed with, and the lower court was directed to dispose of the underlying case within six month

Palakurthi Anusha Vs Palakurthi Raj Kumar — Civil Procedure and Limitation | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE TWENW FIRST DAY OF JULY TWO THOUSAND 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: 36 OF 2023

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Between:

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Palakurthi Anusha, Wo. Raj Kumar, Age. 34^years, Occ.^{Working Women (Sales} Girl at Cloth merchant), R/o. Sramik Nagar, Devapur, R/m. Kasipet, Dist. Mancherial Presently resident of RVRK Womens Hostel, Karimnagar Town and District.

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...PETTTTONER(S)

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AND

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Palakurthi Raj Kumar, , S/o. Bapu, Age 40^years, Occ. Carpenter Work, Fl/o Sramit Nagar, Devapour, Rl/om. Kasipet, Dist. Mancherial.

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Palakurthi Madhukar, , S/o. Bapu, Age 45^years, Occ. Carpenter Work, Rl/o. Bellampally, Dist. Mancherial.

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Palakurthi Suvarna, , Wo. Madhukar, Age 40 years, Occ. Housewife, R/o. Bellampally, Dist. Mancherial.

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Utnuri Vasundhara, , Wo. Brahmaiah, Age 50^years, Occ. Housewife, Fl/o. Gopalraopet, Tandur, Dist. Mancherial.

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

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...RESPONDENTS

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Petition Under Section 407 of Cr.P.C^praying that this Hon'ble Court may be pleased to withdraw the transfer the DVC.N0.11 OF 2018 on the file of ll Addl. Junior Civil Judge cum ll Addl Judl. Magistrate of First Class at Mancherial and transfer the same to the Court of Judicial First Class Magistrate at Karimnagar or Family Court at Karimnagar.

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LA. NO: 1OF 2023

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Petition under Section 482 of Cr.P.C.^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be pleased to stay of all fu(her proceedings in DVC.N0.11 OF 2018 on the file of ll Addl. Junior Civil Judge cum ll Addl Judl. Magistrate of First Class at Mancherial pending disposal of the Tr,CMP.

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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 RUDRESH DESHPANDE ,Advocate for the Petitioner and the public proseculor on behalf of the Respondent No.5 and none appeared for the Respondent Nos. 1 to 4

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Counsel for the Petitioner:SRt. RUDRESH DESHpANDE

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Counsel for the Respondent No. 5: THE PUBLIC PROSECUTOR

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Counsel for the Respondent Nos.1 to 4 : None appeared

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The Court made the following: ORDER

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THE HON'BLE SRI^{JUSTICE M.LAXMAN} TRANSFER CRIMINAL P^{ETITION No.36OF 2O23}

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ORDER:

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This transfer criminal petition is^{frled under Section407 of} Cr.P.C., by the petitioner^{seeking to transferDVC.No.11 of 2018, from} the frle of the learned II Additional^{JuniorCivil Judge cum II Additional} Judicial Magistrate of First Class at^{Mancherial to the file of the Court} of learned Judicial First Class Magistrate^{at Karimnagar or Family} Court at Karimnagar.

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The case of the petitioner is that she has^{been staying in hostel} after death of her mother, who alone^{was alive at the time of her} marriage. Initially, the petitioner^{filed DVC.No.11 of 2018 on the file of} the learned II Additional Junior^{Civil Judgecum II Additional Judicial} Magistrate of First Class at^{Mancheria-land on account of her} employment as she was alone,^{she has been staying in a hostel at} Karimnagar. Thereby, travelling to Mancherial^{to attend the Court} proceeding is causing much inconvenience to^her.

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Notice served to respondent No.2, however,^{there isno} representation for him.

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AII the respondents are residing within the^jurisdiction of Mancherial Court. The distance between^{Mancherial Court and}

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Karimnagar Court is nearly 120 kms. If the transfer is effected, it would cause more inconvenience to all the respondent to travel from Mancheriai to Karimnagar to attend Court proceedings.

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Considering the inconvenience of the petitioner, this Court feels that appearance of the petitioner to al tend Court pr-oceedings at Mancherial carr be dispensed for every hearing. However, she shall appear as and when necessar5r.

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In the result,

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(i). the Transfer Criminal Petition is disposed of.

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(ii). Prayer to transfer DVC.No.11 of 2018, from the file of the Iearned ll Additional Junior Civil Judge cum II Additional Judicial Magistrate of First Ciass at Mancherial to the file of the Court of lear-ned Judicial First Class Magistrate at Karimnagar or Family Court at Karimnagar, is hereby rejected.

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(iii). However, the Court below is directed not to insist the personal presence of the petitioner for every hearing unless her presence is required and the petitioner can represent through her advocate.

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(i"). Further, the Court below is directed to dispose c,f DVC case within six months from the date of receipt of a copy of this order.

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Miscellaneous petitions pending, if any, shall stand closed.

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Sd/.P. PADMANABHA REDDY ASSISTATEREGTSTRAR //TRUE COPY// sEJiBN oFFrcER

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1 The ll Additional Junior Civil Judge cum ll Additional Judicial [\4agistrate of First Class. at Mancherial

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2 The Judicial First Class Magistrate at Karimnagar or Family Court al Karimnagar.

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One CC to SRl. RUDRESH^{DESHPANDE Advocate} [OPUC] 4. Two CCS to Public Prosecutor, High Court for^{the State of Telanganaat} Hyderabad (OUT)

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Two CD Copies

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HIGH COURT

MLJ

DATED:2110712023

ORDER

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¶57

TR.CRLP.No.36 ot 2023

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disposing of the Tr. Crl.petition

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ar,

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Palakurthi Anusha v. Palakurthi Raj Kumar

Case brief

What is this about?

What did the court decide?

Palakurthi Anusha v. Palakurthi Raj Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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