The High Court of Telangana disposed of two Criminal Transfer Petitions (Nos. 56 and 57 of 2023) seeking transfer of matrimonial proceedings and a stay of orders. The court dismissed the petitions as they were withdrawn by the petitioners.
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 COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY. THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
TRANSFER CRIMINAL PETITION NO: 56 AND 57 OF 2023
Between:
(Both are the Ryo Plot No. 82, Dream Valley, Zaheerabad Town, Sanga Reddy District-502220, Telangana State) Phone No- 91-7702324886)
...PETITIONERS/PETITIONERS/PETITIONER No.1 & 2
AND
..,RESPONDENTS/RESPONDENTS/RESPONDENTS
Petition under Section 407 of Crl.P.Cpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court maybe pleased to allow the Criminal Petition, by duly setting aside the order made in Tr. O.P. No. 3 ot 2023, daled 2310312023, on the file of the Court of the Principal District and Sessions Judge, Sangareddy District, by duly withdrawingthe proceedings in M.C. No. 3 of 2021 , pending trial on the file of Court of the Hon'ble Judicial First Class Magistrate-cum-Junior Civil Judge Zaheerabad at Zaheerabad and transfer to any other Court at Sanga Reddy District
l.A. NO: 1 OF 2023
Petitron under Section 407(6) Crl.P.C praying that in the circumstances stated rn the affrdavit filed in support of the petition, the High Court may be pleased pleased to grant interim stay of all further proceedings in lV.C. No.3 of 2021 , on the file of the Court of the Judicial First Class Magistrate-Cum-Junior Civil Judge, Zaheerabad at Zaheerabad, Sanga Reddy District, pending the disposal of the above Criminal Transler Petition
This Petition coming on for hearing, upon perusing the lrilemorandum of Grounds of Crim nal Petition and upon hearing the arguments of Sri. P. VINOD LAL, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 2 and none appeared for the Respondent No. 1,
Counsel for the Petitioners: SRl. P. VINOD LAL
Counsel for the Respondent No. 1: NONE APPEARED
Counsel for the Respondent No.2: PUBLIC PROSECUTOR
The Court made the following: ORDER
TRANSFER CRIMINAL PETITION NO: 57 OF 2023
Between:
(Bo!h are the R/o Plot No. 82, Dream Valley, Zaheerabad Town, Sanga Reddy District - 502220, Telangana State, Phone No. 91-77023 24886).
...PETITIONERS/PETITIONERS/PETITIONER NO. 1 & 2
AND
I i I I i
(Both are Rt/o No A./101, Swaral CHS, Bldg. No. 72, Near BIVIC School, Titak Nagar, Mumbai - 4oO o89.phoni: No. 9t -90040501 05 . g1-ga211j 1to6
...RESPONDENTS/RESPONDENTS/RESPONDENTS
Petition under Section 407 Crl.p.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the crrminal Petition, by duly setting aside the order made in Tr. O.P- No. 4 of 2O23, dated 23.03.2023, on the fite of the Court of the principal Drstrict and Sessions Judge, Sangareddy District, by duly withdrawing the proceedings in D.V.C. No. 1 of 2022, pending trial on the fite of Court of the Hon'ble Judicral First Class Magistrate-cum -Junior Civil Judge Zaheerabad at Zaheerabad and transfer to any other Court at Sanga Reddy District
l.A. NO: 1 OF 2023
Petition under Section 407(6) Crl.p.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings in D.V.C. No. j of 2022, on the file of the court of the Judicial First class Magistrate-cum-Junior civil Judge Zaheerabad at Zaheerabad, Sanga Reddy District, pending the disposal of the above Criminal Transfer Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri p. VINOD LAL, Advocate for the Petitioner and the Public prosecutor on behalf of the Respondent No. 3 and none appeared for the Respondent No. 1 & 2
Counsel for the Petitioners: SRl. P. VINOD LAL
Counsel forthe Respondent No. 1and2i NONE APPEARED
Counsel for the Respondent No.3: PUBLIC PROSECUTOR
The Court made the following: ORDER
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TI{E HONOURT.BI,E SRI .IIISTICE K.SURENDER
]]BAUSFEI Q Br!!{t NA.LlEtf,rr ON Nos.56 OF 2()23 AND 57 0F 2A23
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HIGH COURT DATED: 0311012023
ORDER
TRCRLP.No.56 and 57 of 2023
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DISMISSING THE CRIMINAL PETITIONS AS WITHDRAWN @).4'I
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1 issue framed by the court
Whether the High Court shall exercise jurisdiction under Section 407 Cr.P.C to transfer proceedings or quash orders made by the Sessions Court when the criminal petitions are withdrawn by the petition
2 provisions across 1 enactments
Mrs. Saba Wajid All Bakayath
Baby Sana Rizqin Shahid Sayed
Shahid Nazir Sayed
The State of Telangana
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
