Criminal Revision Petition filed to quash an order allowing transfer of criminal cases under Section 408 Cr.P.C. Court rejected the petition, holding that acceptability of norms justified the transfer order.
Impugned order transferring criminal cases to Sessions Court allowed. Petition rejected.
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 5TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
CRL.R.P.100090/2018
BETWEEN
..... PETITIONERS
(BY SRI GIRISH A YADAWAD, ADV.)
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AND
..... RESPONDENTS
(BY SRI PRAVEEN K. UPPAR, HCGP FOR R1)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.02.2018 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOT IN CRIMINAL MISCELLANEOUS NO.96/2018.
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THIS REVISION PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 397 of Cr.P.C., praying to quash the impugned order dated 23.02.2018 passed by the Prl. District and Sessions Judge, Bagalkot in Criminal Miscellaneous No.96/2018.
A complaint came to be lodged by the petitioner No.1 herein against the respondent Nos.2 to 6 herein on 24.10.2016, before the Lokapur Police Station, alleging that the said respondents picked up quarrel with the complainant in respect of canal water flowing into the complainant’s cement factory and started abusing the complainant and also attacked the complainant and his factory workers with stones and threatened to kill him. On the basis of the said complaint, the Lokapur Police have registered the first information report in FIR No.152/2013 for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 427, 504, 447 r/w 149 of IPC. Subsequently, the police submitted the charge sheet and a
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criminal case is registered in C.C.No.441/2014 for the offences punishable under Sections 143, 147, 148, 447, 504, 427, 323, 307, 149 and 326 of IPC and later the same was committed to the Court of I Addl. District and Sessions Judge, Bagalkot sitting at Jamkhandi and registered as S.C.No.71/2015.
As a counterblast to the aforesaid complaint, one Basappa Ullagaddi who is a relative of the respondent Nos.2 to 6 herein also lodged a complaint before the Lokapur Police, against the petitioners herein on the next day i.e. on 25.10.2013 alleging that the petitioners attacked the complainant with stones, bricks, sticks etc. On the basis of the said complaint, the Lokapur Police have registered a first information report in FIR No.153/2013 for the offences punishable under Sections 143, 147, 148, 324, 504, 506(2) r/w 149 of IPC.
Subsequently, the police have submitted the charge sheet and a criminal case is registered in C.C.No.665/2014 on the file of the Prl. Civil Judge and JMFC Mudhol for the
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offences punishable under Sections 34, 504, 324 and 506(2) of IPC.
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Accordingly, the petition is rejected.
Sd/JUDGE
msr
2 issues framed by the court
Whether the transfer of criminal cases from Civil Court to Sessions Court is necessary when offences are not triable by magistrates.
Whether the impugned order allowing transfer under Section 408 Cr.P.C. should be quashed.
2 provisions across 1 enactments
Mahantesh S/o Basappa Udapudi
Guru S/o Basappa Udapudi
Pavan S/o Basappa Udapudi
Mahalingappa S/o Mallappa Hundekar
The State of Karnataka
Pundalik Hanamant Hosamani
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
