Smt. S Jyothi Rani@Jyothi Rani vs The State Of Karnataka By W.P.S. on 30 August, 2012

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Karnataka High Court

Smt. S Jyothi Rani@Jyothi Rani vs The State Of Karnataka By W.P.S. on 30 August, 2012

Bench: H.N. Nagamohan Das

                         1

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 30TH DAY OF AUGUST, 2012

                      BEFORE

     THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

          CRIMINAL PETITION NO.5044/2012
BETWEEN

SMT. S JYOTHI RANI @ JYOTHI RANI
AGED ABOUT 29 YEARS,
D/O THIPPESWAMY,
W/O HARSHA BENTUR,
HOUSE HOLD WORK,
R/O SONDEKERE,
HIRIYUR TALUK, CHITRADURGA TALUK,
NOW R/AT MYSORE CAFE HOTEL MAIN
ROAD,DODDAPET,CHITRADURGA

                                     ... PETITIONER

(By Sri. B M SIDDAPPA & HARISH N R, ADV.)

AND



1.    THE STATE OF KARNATAKA BY W.P.S.
      BY ITS STATE PUBLIC PROSECUTOR,HIGH COURT
      BUILDINGS,BANGALORE-01.


2.    SRI HARSHA BENTUR
      S/O LATE DEENA NETA BENTUR,
      AGED ABOUT 37 YEARS,
                               2

    ASSISTANT ENGINEER, HESCOM(O&M)SECTION 6,
    DHARWAR, R/AT NO27, SHASHI ASHIRWAD
    BUILDING,MOSKIN STOP,VIJAYANAGAR,
    HUBLI-20

                                             ... RESPONDENTS

CRL.P FILED U/S.407 CR.P.C BY THE ADVOCATE FOR
THE PETITIONER PRAYING THAT THIS HON'BLE
COURT     MAY   BE   PLEASED     TO  WITHDRAW
C.C.NO.665/2012 PENDING ON THE FILE OF JMFC II
COURT, HUBLI AND TRANSFER THE SAME TO JMFC
COURT, CHITRADURGA.


    THIS CRIMINAL PETITION COMING ON                       FOR
ORDERS THIS DAY, THE COURT MADE                            THE
FOLLOWING:-

                       ORDER

In this petition, the petitioner has prayed for transfer of CC No.665/2012 pending on the file of JMFC II Court at Hubli to JMFC at Chitradurga.

2. The petitioner is the wife of second respondent who is working as an Asst.Engineer At Dharwad. The petitioner lodged a complaint with the police at Hubli and the same came to be registered in 3 Crime No.14/2012. After investigation, the Hubli police now filed a Charge sheet before the JMFC Court at Hubli in C.C. No.665/2012.

3. Learned counsel for the petitioner contends that the petitioner and other witnesses are from Chitradurga and therefore the matter requires to be transferred to the Court of Chitradurga. I decline to accept this contention of the learned counsel for the petitioner.

4. Petitioner is only required to appear before the Court at Hubli for giving evidence on one occasion. On this ground, the proceedings before the Hubli Court cannot be transferred to the Court at Chitradurga. Accordingly, the petition is hereby dismissed.

Sd/-

JUDGE snc

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