Karnataka High Court
Smt.Kiran W/O. Ashok vs The State Of Karnataka & Ors on 30 May, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF MAY, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200126/2017
Between:
Smt. Kiran W/o Ashok
Aged: 35 years, Occ: Household
R/o C/o Peerappa Azathpur
Sunder Nagar, Sedam Road
Opp. Govt. Hospital
Kalaburagi - 585 105
... Petitioner
(By Sri Venkatesh G. Gaidhankar, Advocate)
And:
1. The State of Karnataka
Through Gandhi Gunj PS, Bidar
Represented by Addl. SPP
High Court of Karnataka, Kalaburagi
2. Ashok S/o Lalappa Gaikwad
Aged: 41 years, Occ: Havaldar
In Border Security Force Tripura
3. Sangamma W/o Lalappa
Aged: 60 years, Occ: Housewife
4. Lalappa S/o Gayakwad
Aged: 65 years, Occ: Retired person
2
5. Ambuja D/o Lalappa
Aged: 35 years, Occ: Housewife
All R/o Vidhyanagar Colony
Bidar - 585 402
... Respondents
(Sri Maqbool Ahmed, HCGP for R1;
Sri Manure Ashok Kumar, Adv. for R2 to R5)
This Criminal Petition is filed under Section 407 of
Cr.P.C., praying to allow the petition and transfer
C.C.No.1702/2011 from II JMFC Court, Bidar to Kalaburagi
JMFC Court and etc.
This petition coming on for Admission this day, the
Court made the following:-
ORDER
This petition is filed by the petitioner/complainant under Section 407 of Cr.P.C. praying to transfer C.C. No.1702/2011 pending on the file of II JMFC Court Bidar to Kalaburagi JMFC Court.
2. Brief facts of the case are that, the complainant-wife filed a complaint on 09.04.2011 before Mahila Police Station, Kalaburagi for having ill-treated and harassed her by the accused/respondents. On the basis of the complaint, a case was registered in Crime 3 No.40/2011. Subsequently, the said case was transferred to Gandhi Gunj Police Station, Bidar. The said police inspected the case in Crime No.56/2011 and filed the charge sheet against the accused/respondents for the offences punishable under Sections 498-A, 323, 504, 506 r/w Sections 3 and 4 of Dowry Prohibition Act.
3. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for respondent No.1- State and also the learned counsel for respondent Nos.2 to 5.
4. The main grounds urged by the learned counsel for the petitioner are that, respondent Nos.2 to 5 are trying to quarrel with the petitioner and there is a threat to the life of the petitioner if the matter is tried by the II JMFC Court, Bidar. It is also contended that the petitioner is the resident of Kalaburgi and the respondents are the residents of Bidar and the said 4 Court without there being any jurisdiction has tried the matter. It is further contended that the petitioner has filed the complaint before the Mahila Police Station, Kalaburagi, but the said Police have sent the records to Gandhi Gunj Police Station, Bidar and they investigated the matter and filed the charge sheet without jurisdiction. It is further contended that there is balance of convenience in favour of the petitioner. As such, he prays to allow the petition.
5. Per contra, the learned High Court Government Pleader appearing for respondent No.1 - State would submit that the incident has taken place at Bidar and the complaint was came to be filed before the Mahila Police Station, Kalaburagi. Since the Bidar police had jurisdiction, as the incident has taken place at that place, the complaint was transferred to Gandhi Gunj Police Station, Bidar and after investigation, the charge-sheet has been filed. As such, the II JMFC 5 Court, Bidar is having jurisdiction. He would also contend that already the trial has been commenced and the said JMFC Court has examined some of the witnesses and now the case is posted for further evidence of CWs.22 to 24 and 26. As such, the case is at a final stage. He would further contend that already the complainant has been examined and cross- examined, therefore there is no question of now threatening the complainant. As such, there are no good grounds made out by the petitioner, so as to transfer the petition. 6. Learned counsel for respondent Nos.2 to 5 supports the arguments of the learned High Court Government Pleader and requests to dismiss the petition.
7. I have gone through the averments of the petition and also the submissions made by the learned High Court Government Pleader.
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8. In order to get the case transferred from one Court to another Court, the petitioner has to satisfy this Court that a fair and impartial enquiry or a trial cannot be held in the said Court and there are some inconveniences to the parties or the witnesses to attend the said Courts and lastly it is expedient for larger interest of the justice. Under such circumstances, this Court can exercise the power under Section 407 of Cr.P.C. to transfer the case. Though the learned counsel for the petitioner has contended that respondent Nos.2 to 5 are trying to quarrel with the petitioner/complainant and there is a threat to the life of the petitioner, but by going through the records, it indicates that the complainant came to be examined before the II JMFC Court, Bidar and she has been fully cross-examined. When she has been already examined before the Court, under such circumstances, the question of respondent Nos.2 to 5 quarreling with the 7 petitioner and threatening to the life of the petitioner also does not appears to be justifiable.
9. As could be seen from the records and the complaint, the alleged incident has taken place in the house of the in-laws at Bidar and the complaint was came to be filed before the Mahila Police Station, Kalaburagi. Since the incident has taken place at Bidar, the complaint was transferred to the Gandhi Gunj Police Station, Bidar and the said police after investigation of the case have filed the charge sheet before the II Addl. JMFC Court, Bidar and subsequently the said JMFC Court took the cognizance and issued the summons. On the basis of the said summons, accused Nos.2 to 5 appeared before the Court and subsequently the plea was recorded and thereafter the evidence of the witnesses has also been recorded. When a report was asked from the concerned Court, by letter dated 24.04.2017, a report has been submitted to this 8 Court stating that only CWs.22 to 24 and 26 are to be examined and the next date of hearing is fixed on 19.05.2017. When already the evidence has reached the final stage and no good grounds have been made out as contemplated under Section 407 of Cr.P.C., under such circumstances, I feel that there is no justification at this stage to transfer the case from the II JMFC Court, Bidar to JMFC Court, Kalaburagi.
The petition being devoid of merits stands dismissed.
Sd/-
JUDGE LG Ct: RRJ