Kotha Laxmaiah v. Smt. Kotha Susheela

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.12860 of 2014 ORDER:

Heard learned counsel for the petitioner, who is seeking to quash the proceedings in M.C.No.10 of 2014 on the file of the Judicial First Class Magistrate, Aler, Nalgonda District, filed by respondents 1 and 2 herein, who are his wife and mentally and physically challenged major son, represented by her mother/ respondent No.1.

The contention of the learned counsel for the petitioner is that there is no relation of wife and husband, father and son with the respondents 1 and 2 herein to the petitioner herein. It is also the contention that there is an unexplained delay in filing the M.C. even from the M.C. petition averments.

In fact, as rightly pointed by the learned counsel for the respondents that the said contentions involving the disputed questions of fact requires adjudication by enquiry/ trial. Having regard to the above and from the other point urged, instead of driving the parties to maintain Transfer Petition, M.C.No.10 of 2014 is transferred from the Judicial

Dr.SSRB,J First Class Magistrate, Aler, Nalgonda District to the Judicial First Class Magistrate, Bhongir, Nalgonda District, with a direction to dispose of the said M.C. within a period of six months from the date of receipt of copy of this order, on own merits.

Accordingly, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed.

____________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 29.08.2017 pab