In this Transfer Criminal Petition, the accused petitioner prayed for withdrawal and transfer of a POCSO case to a different district. The court found the petition infructuous and dismissed it.
Petition dismissed as infructuous; no order as to costs.
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.
[3251 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SRI JUSTICE K.SURENDER
TRANSFER CRIMINAL PETITION No: 50 of 2023
Between:
Kecrthi Naresh, S/o. Bhadraiah, aged 24 years, Occ. driver R/o. Gandhi Nagar Village, Ghanpur Mandal Jayashankar Bhupalpally District.
...Petitioner/accused
AND
State of Telangana, Rep. by its Public Prosecutor High Court at Hyderabad for the State of Telangana
RespondenURespondent
Petition under Section 407 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to withdraw and transfer the SC (POCSO) No. 1;14 of 2022 pending on the file of court of the Hon'ble Special Sessions Judge for POCSO Act Casescum-Principal District and Sessions Judge at Jayashnakar BhUpalpally to transfer the same to any other district courts in Hanamkonda or Warangal or Mulugu, in the interest of iustice.
l.A NO: 1OF 2023
Petition under Section 407 (6) CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant STAY all further proceedings in SC (POCSO) No. 114 of 2022 pending on the file of court of the Hon'ble Special Sessions Judge for POCSO Act Cases-cum-Principal District and Sessions Judge at Jayashnakar Bhupalpalty, pending disposal of the above Tr. CMP.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. AJAY KUMAR, Advocate for the Petitioner and the Public Prosecutor on behalf of the Sole Respondent.
The Court made the following: ORDER
THE HONOURABLESRI IUSTICEK.SURENDER TRANSFER CRIMINALPETITION No.50 OF 2023
ORDER:
This Criminal Petitionis filed under Section 407 of thre Code of Criminal Procedure,1973 (for short'Cr.P.C.') by the petitioner-Accused to withclraw and transferthe SC (POCSO)No.114 of 2022pending on the file of Court of thelearnedSpecialSessions Judgefor Protection of Children from sexualoffences Act,2012 - cases-cum-PrincipalDistrict and Sessions Judge at JayashankarBhupalpallyto any other dishict Courts in Hanmakondaor Warangal, or Mulugu
2 When the matter has beentaken up for hearing, learned counsel for the petitioner submittedthatthe matter has becomeinfructuous'
3 Recording the aforesaid submission,the criminal petitionis dismissed as infructuous.Thereshall be no order as to costs.
As a sequel, miscellaneousapplications pending,if any, shall
stand closed
SD/. P.CH.NAGABHUSHAMBA ASSISTANT REGISTRAR
//TRUE COPY//
5EcTl N OFFICER
To,
HIGH COURT
DATED:1 611112023
ORDER.
TRCRLP.No.50 of 2023
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THE CRIMINAL PETITION IS DISMISSED AS INFRUCTUOUS G)*P'4
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1 provisions across 1 enactments
Kecrthi Naresh
State of Telangana
K. SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
