Venigandla Rajayalkshmi, v. Venigandla Venkata Ramanjaneyulu,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL TRANSFER CRIMINAL PETITION No.59 of 2010 Between:

Venigandla Rajyalakshmi ..... PETITIONER AND Venigandla Venkata Ramanjaneyulu and another .....RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 31.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3.

Whether Their Ladyship/Lordship wishes to see the fair copy of the Judgment?

Yes/No THE HON'BLE SRI JUSTICE M.S.K.JAISWAL TRANSFER CRIMINAL PETITION No.59 of 2010 ORDER:

This Transfer Criminal Petition is filed under Sec.407 of Cr.P.C. seeking transfer of Crl.A.No.287/2009 on the file of the IX Additional Sessions Judge (FTC), Guntur to this Court to be heard along with Crl.R.C.No.960/2009. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, representing the State.

It is the case of the petitioner that she filed a criminal case in C.C.No.28/2007 on the file of the Additional Junior Civil Judge, Ponnur, Guntur District against the 1st respondent, who is her husband, for the offences under sections 341 and 498-A IPC, which was ended in acquittal by judgment dated 01.04.2009. Aggrieved by the same, the petitioner filed Crl.R.C.No.960/2009 before this Court and the same is pending. It is stated that in the meanwhile, the State filed Crl.A.No.287/2009 on the file of the IX Additional Sessions Judge, (FTC), Guntur against the judgment in C.C.No.28/2007. Therefore, the petitioner contended that in order to avoid conflicting judgments in both the appeal and revision, it is necessary to tag on the criminal appeal with the revision pending before this Court.

Admittedly, there is a statutory appeal pending before the lower appellate Court. When the statutory appeal is filed by the State, the petitioner is supposed to withdraw the pending revision and implead herself in the said appeal and raise all her contentions. The statutory appeal cannot be tagged with the revision pending before this Court.

I see no merit in the present transfer criminal petition and the same is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date: 31.07.2015 Dsr