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Criminal Petition No. 2741 of 2012 · Karnataka High Court

Criminal Petition No. 2741 of 2012SUBHASH B ADI2 min read

Case at a glance

Provisions considered

Key paragraphs

  • Para 44. Hence, in the interest of justice, C.C.No.14080/2009 pending on the file of the VI Addl. CMM, Bangalore is hereby withdrawn and the same is placed before the Fast Track Judge, Tiptur who is trying S.C.No.112/2010. Petition is accordingly allowed. Sd/- JUDGE RV

Judgment

THE HON’BLE MR.JUSTICE SUBHASH B ADI CRIMINAL PETITION NO.2741 OF 2012 BETWEEN: 1 SRI MAHALINGAIAH S/O M.K.SHIVARAME GOWDA AGED 35 YEARS, C/O. NARAYANAPPA 28TH CROSS, PAIYAPPA GARDEN, VIVEK NAGAR, BANGALORE-47

2.

SRI. ESWARAIAH S/O M.K.SHIVARAME GOWDA AGED 38 YEARS NO. 330, 28TH BLOCK, HUDCO POLICE QUARTERS, KORAMANGALA, BANGALORE-34

3.

SMT. GANAGAMMA W/O M.K.SHIVARAME GOWDA AGED 63 YEARS R/A MUTUGADAHALLI, MAYASANDRA HOBLI, TUREVEKERE TALUK, TUMKUR DIST. (BY SRI.S.S.MAHENDRA, ADV.) AND: … PETITIONERS STATE OF KARNATAKA BY ULSOOR GATE WOMEN'S POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE (BY SRI.VIJAYAKUMAR MAJAGE, HCGP) --- … RESPONDENT 2 This Criminal Petition is filed under Section 407(1) of Cr.P.C. to transfer C.C.No.14080/2009 from the Court of VI ACMM, Bangalore to the P.O, FTC, Tiptur to conduct trial a/w S.C.No.112/10 and etc. This Petition coming on for Orders this day, the Court made the following:-

O R D E R The petitioner has sought for transfer of C.C.No.14080/2009 now pending on the file of the VI Addl. Chief Metropolitan Magistrate, Bangalore to the Fast Track Court, Tiputur where S.C.No.112/2010 is pending.

2. The deceased, one Smt. Mamatha had filed a complaint before the Ulsoor Gate Women's police station, Bangalore for the offence punishable under Section 498(A) of IPC read with Sections 3 and 4 of Dowry Prohibition Act,

1961. In the said complaint, police have filed the charge sheet and now it is pending in C.C.No.14080/2009. However, during the pendency of the said proceedings, the said complainant died and a case has been registered against the very accused for the offence punishable under Sections 498(A), 306 and 304(B) of IPC read with Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. The deceased died in 3 Tiptur and the said case is heard in Tiptur. Even in C.C.No.14080/2009 pending on the file of VI Addl. CMM, Bangalore, three of the witnesses are from Tiptur.

3. Since the allegation in C.C.No.14080/2009 and charge in S.C.No.112/2010 appears to be on the basis of incident and harassment caused to the deceased, it is appropriate that both the cases should be tried by the same Judge. As the witnesses are also from Tiptur, it will be easy for the Sessions Judge to decide the matter.

4.

Hence, in the interest of justice, C.C.No.14080/2009 pending on the file of the VI Addl. CMM, Bangalore is hereby withdrawn and the same is placed before the Fast Track Judge, Tiptur who is trying S.C.No.112/2010. Petition is accordingly allowed. Sd/- JUDGE RV

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