Petitioner sought transfer of criminal proceedings under Section 24 of CPC. Court held matter not maintainable and allowed conversion to Criminal Petition under Section 407 CrPC. Proceeding disposed.
Petitioner permitted to convert the petition into a Criminal Petition under Section 407 Cr.P.C.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL PETITION No.87/2021
Between:
Sri. Dhananjaya D. Aged about 34 years, S/o Doddaiah, Vigneshwaranagara, Madanayakanahalli, Bengaluru North – 562 123.
… Petitioner (By Sri. Narendra V. and Sri. M.V. Maheshwarappa, Advocates)
And:
Smt. Shruthi Aged about 29 years, W/o D. Dhananjaya, Now Residing at No.151/3, II Cross, I Main, Lokanayaka Nagara, Metagalli, Mysuru – 570 016. … Respondent
This Civil Petition is filed Under Sec.24 of CPC, 1908, praying to order transfer of C.Mis.No.851/2019 pending on the file of the II Additional Family Court, Mysuru for trial and disposal along with M.C.No.53/2019, pending on the
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file of the Senior Civil Judge and JMFC, Nelamangala filed by the petitioner and etc.,
This Civil Petition coming on for Orders this day, the Court made the following:
ORDER
Learned counsel for the petitioner has filed a
memo and seeks permission to convert the present petition.
3. Accordingly, the petition is disposed off
for statistical purpose.
Sd/JUDGE
NS
2 issues framed by the court
Whether the Civil Petition seeking transfer can be entertained under Section 24 of CPC.
Whether the petition can be converted into a transfer application under Section 407 of Cr.P.C.
2 provisions across 2 enactments
Sri. Dhananjaya D.
Smt. Shruthi
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court