High Court for State of TelanganaTRCRLP/13/2016disposed of no costs

M.Nageswara Rao v. M.Vijayalakshmi

2016-04-06Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO TRANSFER CRIMINAL PETITION No.13 OF 2016 ORDER:

This Transfer Criminal Petition is filed under Section 407 of Code of Criminal Procedure (Cr.P.C.) to transfer M.C.No.498 of 2015 pending on the file of the Additional Judicial First Class Magistrate, Jaggayyapet, Krishna District, to the I Additional Judicial First Class Magistrate, Khammam, Khammam District.

Heard and perused the material available on record. Learned counsel for the petitioners submits that the first petitioner underwent depression and his mental condition is not well and that the first petitioner has been under treatment and as such, it is highly impossible for the petitioners to attend all the hearing dates before the Court below. He further submits that the Court below directed the authorities concerned to conduct the medical tests on the first petitioner herein. Hence, he prays this Court to transfer the maintenance case to Khammam, which is 52 kilometres away from Jaggayyapet, where the case is pending.

Considering the facts and circumstances of the case, M.C.No.498 of 2015 is transferred to the Court of I Additional Judicial First Class Magistrate, Khammam, Khammam District, from the Court of the Additional Judicial First Class Magistrate, Jaggayyapet, Krishna District. The petitioners herein have given an Undertaking before this Court while passing this Order that they will represent the case before the Court below on all hearing dates and whenever witnesses are produced by the first respondent herein, they have to cross-examine the witnesses and cooperate with the trial Court without seeking any adjournments. The Court of the I Additional Judicial First Class Magistrate, Khammam, Khammam District is directed to dispose of the case as early as possible, preferably within a period of six months.

The Transfer Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 06.04.2016 pln