Allowed

Smt. Hamsalekha v. Kiran B

Karnataka HC12 Feb 2021CRL.P/5566/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka, Bengaluru, allowed a Criminal Petition under Section 407 Cr.P.C., withdrawing a case from Tumakuru and transferring it to the Chief Metropolitan Magistrate's Court in Bengaluru. The court noted that both parties and witnesses reside in Bengaluru where other related cases were pending, making the transfer conducive to justice and convenience.

What did the court decide?

The petition was allowed; the criminal case was transferred from the I Addl. Senior Civil Judge/Addl. CJM, Tumakuru to the Chief Metropolitan Magistrate's Court, Bengaluru.

Smt. Hamsalekha Vs Kiran B — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2021

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B E F O R E

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THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

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CRIMINAL PETITION No.5566 OF 2018

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BETWEEN:

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1 . SMT. HAMSALEKHA WIFE OF KIRAN D/O C K NARAYANA AGED ABOUT 31 YEARS RESIDING AT NO. 59, OLD NO.7, 4TH MAIN, 10TH CROSS, VASANTHAPPA BLOCK CBI ROAD, GANGANAGAR BANGALORE-560032

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...PETITIONER

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(BY SRI VIJAYKUMAR PRAKASH, ADVOCATE FOR SRI. ANANDA C., ADVOCATE)

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AND:

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1 . KIRAN B S/O BASAVARAJU Y AGED ABOUT 38 YEARS, C/O C RAMACHANDRAPPA NO.21, OPP BADAVARA BALAGA GOVERNMENT SCHOOL, CUBBANPET MAIN ROAD, 12TH CROSS, BANGALORE-560053

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CRL.P. NO.5566/2018

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2 . ANITHA N D/O NARAYANAPPA W/O KIRAN B AGED ABOUT 31 YEARS C/O C RAMACHANDRAPPA NO.21, OPP BADAVARA BALAGA GOVERNMENT SCHOOL, CUBBANPET MAIN ROAD, 12TH CROSS, BANGALORE-560053

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3 . BASAVARAJU Y S/O CHANNAPPA DELETED

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AGED ABOUT 70 YEARS,

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4 . SMT VANAJAKSHI W/O BASAVARAJU DELETED AGED ABOUT 61 YEARS

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5 . SMT ROOPA DEVI W/O PRAKASH DELETED AGED ABOUT 30 YEARS,

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RESPONDENTS AT SL. NOS.3, 4 AND 5 ARE R/A: C/O C RAMACHANDRAPPA NO.21, OPP BADAVARA BALAGA GOVERNMENT SCHOOL, CUBBANPET MAIN ROAD, 12TH CROSS, BANGALORE-560053

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6 . SHIVARAJ H T S/O THIMMAPPA AGED ABOUT 52 YEARS, DELETED HETNA, KIBBANAHALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT

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7 . RAJALAKSHMI H T D/O THIMMAPPA

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MAJOR DELETED SANNACHORAINNA GALLI KOTE TIPTUR

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CRL.P. NO.5566/2018

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8 . SHASHIKALA H T W/O MALLIKARJUN AGED ABOUT 38 YEARS, DELETED R/AT MAHALAKSHMI EXTENSION CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT

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...RESPONDENTS

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(BY SRI M.V. PARAMESWARAPPA, ADVOCATE FOR R1; SRI G.N. GIRISH, ADVOCATE FOR R2 )

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This Criminal Petition is filed under Section 407 of Cr.P.C, praying to withdraw C.C.275/2017 (PCR No.13/2015) pending on the file of the I Addl. Senior Civil Judge and Addl. CJM, Tumakuru and transfer the same to any Chief Metropolitan Magistrate Courts at Bengaluru, in the interest of justice and equity.

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This Criminal Petition coming on for admission through Video Conferencing / Physical Hearing this day, the Court made the following:-

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ORDER

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This petition is filed under Section 407 of Cr.P.C. by the complainant in C.C. No.275/2017 (PCR 13/2015) which is said to be pending on the file of learned I Addl. Senior Civil Judge and Addl.

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CRL.P. NO.5566/2018 4

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CJM, at Tumakuru, seeking transfer of the said criminal case to any of the Chief Metropolitan Magistrate Courts at Bengaluru.

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Though the matter is listed for admission, however, with the consent of learned counsel for the petitioner, taken up for final disposal.

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Heard the arguments of learned counsel for the

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petitioner.

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In spite of granting sufficient opportunities, the learned counsels on record for the respondent Nos.1 and 2 have neither appeared nor submitted their arguments in the matter.

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It is the contention of the petitioner that it is only in view of the fact that the cause of action did arise within the jurisdiction of the Tumakuru District, the complaint was filed and criminal case instituted in the Tumakuru District. However, admittedly, both parties to the petition are residents of Bengaluru and two more criminal cases are pending in Bengaluru between the same parties, as such, for the convenience of both side, the matter be transferred from Tumakuru to Bengaluru.

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CRL.P. NO.5566/2018 5

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Learned counsel for the petitioner in support of his above contention submitting that while a criminal case in C.C. No.15438/2020 which is for the offence punishable under Section 498-A of IPC and under Section 3 and 4 of Dowry Prohibition Act, is stated to be pending in the XXXVII ACMM Court at Bengaluru which is between the same parties, submits that one more case in M.C. NO.3929/2018 is also pending in the learned III Addl. Prl. Family Court at Bengaluru which is for the relief of dissolution of marriage between the same parties.

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The said contention since has not been denied or disputed from the respondents' side and also since both the parties are stated to be residents of Bengaluru and according to the learned counsel for the petitioner, the witnesses of the cases are also from Bengaluru, in the circumstances urged before the Court, I am of the view that the petition deserves to be allowed, keeping in mind, the convenience of both parties.

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Accordingly, the petition stands allowed.

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The case in C.C. No.275/2017(PCR No.13/2015) is withdrawn

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from the file of learned I Addl. Senior Civil Judge and Addl. CJM,

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CRL.P. NO.5566/2018 6

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Tumakuru and made over to the Chief Metropolitan Magistrate’s Court at Bengaluru to dispose of the said C.C. No.275/2017 in accordance with law.

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Registry to transmit a copy of this Order to both the transferor and transferee Courts, forthwith.

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Sd/-

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sac*

Smt. Hamsalekha v. Kiran B

Case brief

What is this about?

What did the court decide?

Smt. Hamsalekha v. Kiran B

Case brief

What is this about?

What did the court decide?

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