Karnataka High Court
M/S Ideb Buildcon Private Limited vs Mr. Narinder Malik on 11 July, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
CRIMINAL PETITION NO.3310/2014 C/W
CRIMINAL PETITION NOs.3311/2014 AND 3309/2014
BETWEEN :
M/S IDEB BUILDCON PRIVATE LIMITED,
NO.7, SIGMA SOFT-TECH PARK,
9TH AND 10TH FLOOR,
DELTA BLOCK, WHITEFIELD ROAD,
VARTHUR KODI,
BANGALORE -560008,
REPRESENTED BY
ITS DIRECTOR MR. H.S.BEDI. ... COMMON
PETITIONER
(BY SRI RAVI B. NAIK, SR. ADVOCATE FOR
SRI ARVIND KAMATH .K, ADV.,)
AND :
MR. NARINDER MALIK,
AGED 63 YEARS,
SON OF MR. HIRANAND MALIK,
RESIDING AT NO.778, HAL II STAGE,
13TH MAIN, INDIRANAGAR,
BANGALORE -560 038. ... RESPONDENT
IN CRL.P.NO.3310/2014
AND:
MR. NAVIN MALIK,
AGED 40 YEARS,
SON OF MR. NARINDER MALIK,
RESIDING AT NO.778, HAL II STAGE,
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13TH MAIN, INDIRANAGAR,
BANGALORE -560 038. ... RESPONDENT
IN CRL.P.NO.3311/2014
AND:
MR. NEELAM MALIK,
AGED 59 YEARS,
WIFE OF MR. NARINDER MALIK,
RESIDING AT NO.778, HAL II STAGE,
13TH MAIN, INDIRANAGAR,
BANGALORE -560 038. ... RESPONDENT
IN CRL.P.NO.3309/2014
CRL.P.NO.3310/2014 IS FILED U/S.482 R/W 407 CR.P.C
PRAYING TO (i) SET ASIDE THE COMMON ORDER
DATED:1.3.2014 PASSED BY THE PRL. CITY CIVIL AND S.J.,
BANGALORE IN CRL.MISC.NOS.367 OF 2014. (ii) TRANSFER
C.C.NO.19033/2011 PENDING ON THE FILE OF THE XIII
ADDL.C.M.M., AT BANGALORE TO ANY OTHER COURT.
CRL.P.NO.3311/2014 IS FILED U/S.482 R/W 407 CR.P.C
PRAYING TO (i) SET ASIDE THE COMMON ORDER
DATED:1.3.2014 PASSED BY THE PRL. CITY CIVIL AND S.J.,
BANGALORE IN CRL.MISC.NOS.370 OF 2014. (ii) TRANSFER
C.C.NO.21873/2011 PENDING ON THE FILE OF THE XIII
ADDL.C.M.M., AT BANGALORE TO ANY OTHER COURT.
CRL.P.NO.3309/2014 IS FILED U/S.482 R/W 407 CR.P.C
PRAYING TO (i) SET ASIDE THE COMMON ORDER
DATED:1.3.2014 PASSED BY THE PRL. CITY CIVIL AND S.J.,
BANGALORE IN CRL.MISC.NOS.369 OF 2014. (ii) TRANSFER
C.C.NO.21872/2011 PENDING ON THE FILE OF THE XIII
ADDL.C.M.M., AT BANGALORE TO ANY OTHER COURT.
THESE CRL.Ps COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
These three petitions are filed by the common first accused in CC.No.19033/2011, 21873/2011 and 21872/2011 pending on the file of XIII ACMM Court, Bangalore seeking to set aside the common order dated 1.3.2014 passed in Criminal Misc.No.367/2014, 370/2014 and 369/2014, wherein the prayer for transfer of aforesaid three criminal cases from the XIII ACMM Court to any other Metropolitan Magistrate Court in the State, is declined.
2. Admittedly, the aforesaid criminal miscellaneous cases were initiated under Section 408 of Cr.PC., seeking transfer of criminal complaints, referred to supra, on the ground that the Presiding Judge of XIII ACMM Court is biased towards the petitioner in not providing sufficient opportunity to conduct its case while granting time and that biased attitude is shown towards the complainant in said proceedings.
3. Heard the learned Senior Counsel appearing for the petitioner. On going through the common order passed by the learned Sessions Judge in the aforesaid three criminal -4- miscellaneous cases, which is clubbed along with another criminal miscellaneous case, it is seen that the reasoning assigned for rejection of the prayer of petitioner herein in declining to consider the transfer of criminal complaints pending on the file of XIII ACMM Court to any other Metropolitan Magistrate Court in the State, appears to be just and proper in the facts and circumstances of the case.
4. In that view of the matter, this Court find that no justifiable grounds are made out to admit these petitions. Accordingly, these criminal petitions are dismissed.
Sd/-
JUDGE nd/-