Shivangi Pattanaik v. Sasmita Maharana
Case brief
What is this about?
High Court of Orissa at Cuttack, TRPCRL No.93 of 2024, order dated 19.12.2024 by Justice Sanjay Kumar Mishra. Transfer petition under Section 407 Cr.P.C. by Shivangi Pattanaik against Sasmita Maharana seeking transfer of DV Misc. Case No.05 of 2024 from J.M.F.C.-Narsinghpur to J.M.F.C.-III (Cog.Taking), Cuttack. Opposite Party's counsel contended the petition was not maintainable. Court held both courts lie within the territorial jurisdiction of the Sessions Judge, Cuttack, so the remedy lay under Section 408 Cr.P.C. before the Sessions Judge; petition disposed of with liberty to move the appropriate Court under Section 408 Cr.P.C. Keywords: transfer of case, Section 407 CrPC, Section 408 CrPC, Sessions Judge jurisdiction, domestic violence proceeding, maintainability, disposed with liberty.
What did the court decide?
Liberty granted to the Petitioner to approach the appropriate Court (Sessions Judge, Cuttack) in terms of Section 408 Cr.P.C. for transfer of DV Misc. Case No.05 of 2024, if so advised; no transfer ordered by the High Court.