Allowed

Nagulapally Vineel Chandra v. The State of Telangana through S.H.O. of Woman P.S. Khammam and another

Telangana HC6 Feb 2023TRCRLP/87/2022

Case brief

AI extract

What is this about?

This Transfer Criminal Petition sought to move a criminal case from the Special Mobile Court at Khammam to the Metropolitan Magistrate Court at Hyderabad. The petitioner argued life threats from the respondent wife and her family residing at Khammam. The court allowed the transfer.

What did the court decide?

Transfer of C.C. No. 129 of 2022 from Special Mobile Court, Khammam to Metropolitan Magistrate Court, Hyderabad; stay of proceedings under Cr.P.C. s. 407(6).

Nagulapally Vineel Chandra Vs The State of… — Criminal Trial and Appeal | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IVONDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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TRANSFER CRIMINAL PETITION NO: 87 OF 2022

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Between:

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AND

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Nagulapally Vineel Chandra, S/o. Kranthi Kumar, Age. 34 years, Occ. lT Employee, F/o H.No.16-1 1-17lA, Lotus Towers, Saleem Nagar Colony, Malakpet, Hyderabad. ...PETITIONEFUACCUSED NO. 1

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The.State of Telangana through S.H.O. of Woman p.S. Khammam, Rep. by Public Prosecutor, Hyderabad

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Lakshmi Prasanna, W/o. Vineel Chandra, Age.31 years, Occ. Housewife, Rl/o H.No.4 -2 -771312, Khammam Urban, Shlsichandra Nilayam, Khammam Town and District Pin-50700'l .

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...RESPONDENTS/COMPLAINANT

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Petition under Section 4Ol Cr.P .C praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to withdraw the cc No.12912022 from the file of Judicial l\4agistrate of First Class Speciat Mobile Court at Khammam and transfer the same to Metropolitan Magistrate Court, Rajendranagar at Hyderabad_

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l.A. NO: 1OF 2022

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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 all further proceedings in C.C.No.129 of 2022 on the fiie of Judicial Magistrate of First Class Special tr,4obile Court at Khammam pending disposal of the above transfer criminal petition.

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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 p. GlRl KRISHNA, Advocate for the Petltioner and the Public Prosecutor on behalf of the Respondent No.^'1 and none appeared for the Respondent No. 2.

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Counsel for the Petitioner: SRl. P GlRl KRISHNA

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Counsel for the Respondents: PUBLTC PROSECUTOR

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The Court made the following: ORDER

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HON'BLB Dr" JTJSIICE CHILLAKUR SUMI...LATHA TRAN SFER CRIMINAL PETITION No.B7 of 12)2:)

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ORDER:

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Seeking the Court to transfer the case in ().C.No.129 of 2022 that is pending on the file of the Court of Judicial Magistrate of Iirst Class (Special Mobile Court), Xhammam to the Court o' Metropolitan Magistrate, Rql'en dranagar at Hyderabad, tlLe present Transfer Criminal Petitirtn is filed by the person v'ho is arrayed as accused No.1 in the said Calendar Casr:.

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Heard Sri P.Giri Krishna, learned cou:rsel for the petitioner, as well as lea-rned Additional Publi,: Prosecutor who is reprer enting respondent No.l-State. Notice sent to respondent N 1.2 returned unserved with an ,:ndorsement "addressee lef without instructions'.

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Making his submission, learned counsel for the petltroner stat:s that respondent No.2, who is the wife of the petitioner, ga re a false complaint to Police against the petitioner ani all his family members that the I committed offences puni;hable under Sections 498-A IpC, etc., and Police laid ch: -rge sheet. Learned counsel conterrds that the t

DT CSL, J Tr.Crl.P.No.87 of 2022

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accused moved an application before this Court for quash of the proceedings and this Court partly allowed the said petition and quashed the proceedings against all the family members of the petitioner. Learned counsel submits that the proceedings are now being continued against the petitioner alone. Learned counsel further states that the petitioner has got life threat in the harrds of respondent No.2 and her family members. The parents and the brothers of respondent No.2 reside at Khammam and whenever the petitioner goes to Khammam, they are trying to attack him and hence, for the safety of his life, the case is required to be transferred to any Court at Hyderabad. Learned counsel also contends that respondent No.2 is now residing at Hyderabad.

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Learned Additional public prosecutor submits that respondent No.2 while giving complaint, contended that she is residing at Khammam.

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Gone through the material available on record. During the course of submission, learned counsel for the petitioner has brought to the notice of this Court, the proceedings in petty case Nos.CyB2O22O4SPC22I37B1O0 and CYB2O22O4SPC22|3Z7BT7, that _^{which goes} to "f*

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DT CSL, J 7r^('rl.P.No.87 of 2a22

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respondent \o.2 and her mother were foun i committing public nuisa rce and accordingly, were charge sheeted. 6. Havin g considered the plea take:,; €md the apprehensior r of the petitioner, which remains un.opposed, this Court is of the view that the request of the petitioner can be honoured

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7 Resulte nfly, this Transfer Criminal Petitiorr is allowed. C"C.No^ 129 (f 2022 that is pending on the file cl lhe Court of Judicial Mallistrate of First Class (Speciat ivicbile Court), Khammam ir withdrawn and transferred to the r.rnit of Ranga Reddy District. The Principal District Judge, Il,anga Reddy District, as soon as receipt of the case record, is directed to aliot the sai I case to any of the Courts havi.-t1.; comperent jurisdiction 'o deal with the matter. The Court of Judicial Magistrate o' First Class (Special Mobile Courtt, Khammam, is directed :o trarrsmit the case record to lh e Court of Principal Dis trict Judge, Ranga Reddy Disrrict, rlirly indexed, within one t,eek from the date of receipt ol a i:opy of this order.

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Dr CSL. J fr.C'l.P.N. *2.,r>n>,

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B As a sequel, miscellaaeous petitions pending, if any, shall stand closed.

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To,

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Sd/. MOHD ISMAIL ASSISTANT REGISTRAR //TRUE COPY' L

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SECTION OFFICERI

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HIGH COUR T

DATED: 06tl2t2023

ORDER

TRCRLP.No.I 7 of ZO22

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ALLOWING TltE Tr.CRLp

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Nagulapally Vineel Chandra v. The State of Telangana through S.H.O. of Woman P.S. Khammam and another

Case brief

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Nagulapally Vineel Chandra v. The State of Telangana through S.H.O. of Woman P.S. Khammam and another

Case brief

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What did the court decide?

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