Dismissed

Mohammed Saleem Jalna v. The State of Telangana

Telangana HC7 Nov 2023TRCRLP/69/2023

Case brief

AI extract

What is this about?

The High Court disposed of two Transfer Criminal Petitions filed under Section 407 Cr.P.C. The Court refused transfer due to lack of prejudice but dispensed with petitioners' attendance in specific cases, subject to strict conditions regarding affidavit filing and failure to appear.

What did the court decide?

Issued directions dispensing with attendance of petitioners in DVC No.154 of 2021 and MC No.2 of 2022 subject to filing of affidavit waiving objection to proceedings in absence.

Mohammed Saleem Jalna Vs The State of… — Civil Procedure and Limitation | Telangana HC (2023)

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[³²⁵¹ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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TRANSFER CRIMINAL PETITIO N NO: 68 AND 69 OF 2023

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TRANSFER CRIMINAL PETITI oN NO.68 0F 2023

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Between:

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Mohd. J. Saieem @ Mohammed Saleem Jalna, S/o Mohammed^Yaseen Jalna, Occ- Yaeen Mutton Shop, Rl/o H.No.11-4-856, Chilkalguda, Secunderabad.

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IMohd. J. Yaseen @ Jalna Mohammad Yaseen, S/o^{Jalna MohammedBurhan} Sahab, Occ- Business, Rl/o H.No.'1-3-570, Kavadiguda,^{Nearby A/ariyet Hotel,} Hyderabad.

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I\i1ohd. Khaja Pasha @ Mohammed Khaja^{Pasha, S/o l/lohammed Yaseen,} Occ- Mutton shop, R/o H.No.1-3-570, Kavadiguda, Nearby^{MariyetHotel,} Hyderabad.

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Dr. Mohd. J. Waseem, S/o Mohammed Yaseen, Occ-^{Doctor,Rl/o Flat} No.'104, Musheerabad, Pillar No.102, Hyderabad.

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Smt. Unmi Salma @ Umi Salma, W/o Mohamemd Khaja Pasha,^{R/o H.No.} 1-3-570, Kavadiguda, Nearby Mariyet Hotel, Hyderabad.

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...Petitioners

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AND

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'1 . The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

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Smt. Farhana Banu @ Farhana Begum, Wo Mohammed^{J. Saleem,Rl/o} H.No.'14-1-130/6, Borabanda, Padmavathi Nagar, Allapur,^Sanathnagar, HYderabad'

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...Respondents

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Petition under Section 407 of Cr.P.C^{prayingthat in the circumstances} stated in the affidavit filed in support of the^{petition,the High Court may be} pleased to transfer D.V.C.No.154 ot 2021 on the file of Xll Additional Metropolitan Magistrate, Prashanthnagar at Kukatpally to any^{othercompetent} court in Hyderabad or Secunderabad;

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l.A. NO: 1 OF 2023

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Petition under Section 407(6) 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 further proceedings in D.V.C.No.154 of 2021 on the file of Xll Additional [Vletropolitan l\4agistrate, Prashanthnagar at Kukatpally,^pending disposal of the main Transfer Criminal Petition.

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TRANSFER CRIMINAL PETITION NO: 69 OF 2023

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Between:

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Mohammed Saleem Jalna, S/o Mohammed Yaseen Jalna, Occ. Yaeen Mutton Shop, Rl/o H.No. 1 1 -4-856, Chilkalguda, Secunderabad.

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...Petitioner

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AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

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Smt. Farhana Begum, Wo Mohammed J. Saleem, R/o H.No.14-1-130/6, Borabanda, Padmavathi Nagar, Allapur, Sanathnagar, Hyderabad.

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...Respondents

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Petition under Section 407 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 transfer M.C.No.2 of 2022 on the file of lll Additional District and Sessions Judge cum ll Additional Metropolitan Sessions Judge cum Principal Family Court, Ivledchal lr/alkajgiri District at Kukatpally to any other competent Family Court in Hyderabad.

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l.A. NO: 1OF 2023

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Petition under Section a07(6) 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 further proceedings in M.C.No.2 of 2022 on the file of lll Additional District and Sessions Judge cum ll Additional Metropolitan Sessions Judge cum Principal Family Court, I/edchal Malkajgiri District at Kukatpally, pending disposal of the main Transfer Criminal Petition.

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These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SRINATH ATMAKUR, Advocate for the Petitioner, Public Prosecutor, on behalf of the Respondent No.1 and of I//s Shahana Begum, Advocate for the Respondent No.2

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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 NOs.68 & 69 OF 2o23

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COMMON ORDER:

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Transfer Crirnina-l Petition No.68 of 2023 under Section 4O7 of Cr.P.C. is hled by the petitioners to transfer DVC No.154 of 2027 pending on the fiIe of the learned XII Additional Metropolitan Magistrate, Prashanthnagar at Kukatpaily to any other Competent Court in Hyderabad or Secunderabad.

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Transfer Criminal Petition No.69 of 2023 under Section 4O7 of Cr.P.C. is frled by the petitioner to transfer MC No.2 of 2022 pending on the file of the learned III Additional District and Sessions Judge-Cum-Il Additional Metropolitan Sessions JudgeCum-Principal Family Court, Medchal Malkajgiri District at Kukatpally to any other Competent Family Court in Hyderabad.

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Learned counsel for the petitioners would submit that in spite of directions being given by this Court to dispose of the case within a stipulated time, the Court below is not taking any steps

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't,,.-'r..i

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to conclude trial. Further, copy of application^{made by the} petitioner was also not complied with.

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The said grounds cannot be made basis^{to transfer the} cases. However, the petitioners apprehended that^{they would be} assaulted in the hands of tlne de facto^{cornplatnantand her} relatives. Considering the submission^{of learned counsel for the} petitioners; these Criminal Petitions are disposed off with^the following directions:

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i) The attendance of the petitioner/s is dispensed^{with in DVC} No. 154 of 2O2l pending on the frle of learned XII^Additional Metropolitan Magistrate, Prashanthnagar at Kukatpally and^MC No.2 of 2022 pending on the hle of learned III Additional District and Sessions Judge-Cum-Il Additional Metropolitan^Sessions Judge-Cum-Principal Family Court, Medchal Malkaj^giri District at Kukatpally, when represented by their counsel on record.

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iil The attendance of the petitioners is dispensed with subject to frling of an afhdavit by them stating that in their absence^the proceedings conducted by their counsel will not be disputed by them in atry manner and sha-ll not dispute their identity also.

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iii) However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of their failure to appear when the Court directs, this order dispensing their attendance shail stand carrcelled.

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Miscellaneous applications pending, if any, shall stand closed

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SD/. MOHD'^ISMAIL ASSISTANT^REGISTRAR

//TRUE COPY//

SECTION^OFFICER

To,

The Xll^{Additional Metropolitan Magistrate' Prashanthnaoarat Kukatpally'} 2. The lll^{AdditionalDitfi;i';;;'5"ttiontJudse c-um ll Additional} Metropolitan^{s".,iont"iJig" cum erin"lpal FimilyCourt' Medchal} Malkajgiri^{District at Kukatpally}

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il;'d6^{t"-sRl.sRINATH ATMAKUR' Advocate[oPUCl}

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Two CD^CoPies

SP NS

HIGH COURT

KSJ

DATED:0711112023

ORDER

TRCRLP.No.68 OF 2023 AND TRCRLP No.69 OF 2023

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TRANSFER CRIMINAL PETITION ARE DISPOSED OFF

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Mohammed Saleem Jalna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohammed Saleem Jalna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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