Disposed

Smt Sunita Motwani v. Shri Amitabh Sinha

Karnataka HC19 Sept 2016WP/49597/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka, on a writ petition under Section 482 CrPC and Articles 226 and 227 of the Constitution, addressed apprehensions regarding the respondent's potential travel to the USA. The court ordered the transfer of pending criminal cases from one magistrate to another within the same district to ensure a fair and speedy trial.

What did the court decide?

Transfer of pending cases C.C.No.3357/2016 and Crime Misc.573/2015 to the Additional Chief Judicial Magistrate, Bangalore Rural District.

Smt Sunita Motwani Vs Shri Amitabh Sinha — Criminal Trial and Appeal | Karnataka HC (2016)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 19^TH DAY OF SEPTEMBER 2016

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

¶6

WRIT PETITION No.49597 OF 2016 (GM-RES)

¶7

BETWEEN:

¶8

Smt. Sunita Motwani, Age: 50 years, Wife of Amitabh Sinha, F 1801, Ajmera Infinity, Neeladri Road, Electronic City – 1, Bangalore – 560 100.

¶9

Karthickeya @ Kaalanjay Sinha, Age 13 years, (Since minor shall be Represented by Natural Guardian Mother) Son of Shri Amitabh Sinha, F 1801, Ajmera Infinity, Neeladri Road, Electronic City-1, Bangalore – 560 100.

¶10

…PETITIONERS

¶11

¶12

(By Smt. Sunita Motwani – Petitioner [Party-in-Person] )

¶13

AND: Shri Amitabh Sinha, Age: 39 years, Son of Shri Late Maheshwari Charan Sinha, 1133, Grogans Mill Drive Cary, North Carolina – 27519 United State.

¶14

Also at:

¶15

House No.179, Tiwaripur 1^st , Post Adarsh Nagar, Sewans Tannery, Kanpur – 208010.

¶16

…RESPONDENT

¶17

¶18

This Writ Petition filed under Section 482 code of Criminal Procedure, 1973 and Articles 226 and 227 of the Constitution of India praying to direct the learned trial court for fair and speedy trial to prevent failure of justice before the accused travels back to USA never to come back and both the cases C.C.No.3357/2016 and Crime Misc.573/2015 pending before the same learned trial court may please be transferred to any other criminal court to meet the ends of justice which shall save the life of minor [Trial Court – Hon’ble Chief Judicial Magistrate Bangalore Rural].

¶19

This Writ Petition coming on for Orders this day, the court made the following:

¶20

¶21

O R D E R

¶22

The office objections are over-ruled.

¶23

Since the petitioners have expressed a serious

¶24

apprehension about the petitioners receiving any relief before the court in which the cases of the petitioner are pending, in CC 3357/2016, on the file of the Chief Metropolitan Magistrate, Bangalore Rural District and in Criminal Miscellaneous No.573/2015 pending on the file of the same court, the aforesaid cases shall stand transferred to the Additional Chief

¶25

Judicial Magistrate, Bangalore Rural District.

¶26

Smt. Lakshmy T Iyengar, No.203, 2^nd floor, Brigade

¶27

Business Suites, No.44, 100 feet road, Ashoka Pillar, 2^nd Block, Jayanagar, Bangalore 560 011, is appointed as amicus curiae to assist the petitioners. The petitioners may seek her assistance as and when necessary.

¶28

The petition stands disposed of in terms as above.

¶29

¶30

A copy of this order to be furnished to the petitioner.

¶31

Sd/- JUDGE

¶32

Smt Sunita Motwani v. Shri Amitabh Sinha

Case brief

What is this about?

What did the court decide?

Smt Sunita Motwani v. Shri Amitabh Sinha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr Siddappa H Kaller Vs State of Karnataka

Nooruddin P S Vs State of Karnataka

Sri P Jagannath Shetty Vs Sri K Gopalakrishna Kini

M v Chandrashekar Vs Mr Vijayalaxmi

Sri Parane Chettanda Vinu Vs Sri Thorera Aiyappa

Manjunath Vs Srinivas