G.U. Lakshmi Vishnuvardhana vs State Of Karnataka on 26 June, 2012

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Karnataka High Court

G.U. Lakshmi Vishnuvardhana vs State Of Karnataka on 26 June, 2012

Bench: Subhash B Adi

                               1

       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

            DATED THIS THE 26th DAY OF JUNE 2012

                             BEFORE

           THE HON'BLE MR.JUSTICE SUBHASH B ADI

            CRIMINAL PETITION NO.4718 OF 2011

BETWEEN:
 G.U. LAKSHMI VISHNUVARDHANA
 D/O LATE SRI. G N UGRAIAH
W/O VISHNUVARDHANA
AGED 35 YEARS,
NO. 2016, III BLOCK,
JANAPRIYA HAVENS APARTMENT,
ALLALASANDRA, GKVK POST,
BANGALORE 65                          . .   .PETITIONER
(BY SRI. K R RAMESH, ADV.)

AND:

1 STATE OF KARNATAKA
  BY SUB-INSPECTOR OF POLICE
  MUDIGERE POLICE STATION
  MUDIGERE, CHIKKAMAGALUR DIST.

2. SRI. VISHNUVARDHANA
   S/O N SHANKARANINGAIAH
   AGED 45 YEARS,
   C/O ZONAL HORTICULTURAL RESEARCH
   STATION, HAND POST, MUDIGERE
   CHIKKAMAGALUR DIST.                         ...   RESPONDENTS
(SRLVIJAYAKU MAR MAJAGE, HCGP FOR Ri
 SRI.K.N.SHASHIDHAR, ADV. FOR SRI.SIDDARTH B.MUCHANDI, ADV.
FOR R2)
                                2



      This Criminal Petition is filed under Section 407 of
Cr.P.C. praying to transfer C. C.No.597/2010 pending on the
file of the C.J. (Jr. Dn.) and JMFC, Mudigere to Metropolitan
Magistrate Court at Banga lore.

     This Petition coming on for Admission this day, the
Court made the following:

                            ORDER

Petitioner has sought for transfer of C.C.No597/2010 now pending on the file of JMFC, Mudigere to Metropolitan Magistrate Court, Bangalore.

2. The petitioner was the complainant. She had filed a complaint against respondent No.2 for the offence punishable under Section 498(A) of IPC. The charge sheet is filed by Mudigere police. However, after the charge sheet was filed, on account of the dispute amongst the respondent No.2 and the petitioner, petitioner shifted to her parents' house at Bangalore and only for the purpose of attending the case in C.C.No.597/2010, she has to travel from Bangalore to Mudigere and further, she has got minor son and it is very 3 difficult to attend the case. It is also submitted that the petitioner has also filed criminal miscellaneous under the provisions of Protection of Women from Domestic Violence and respondent No.2 has also filed a petition for divorce in Tiptur and the said case has been transferred to Bangalore and another case was also filed in Mudigere for custody of child, which is also transferred to Bangalore.

3. All the three cases between the parties have been transferred to Bangalore and only this case is pending before JMFC, Mudigere. Further amongst the material witnesses, three witnesses viz, the complainant, her mother and her brother are in Bangalore and remaining are the official witnesses. In these circumstances, I find that it would be just and proper to withdraw C.C.No.597/2010 on the file of JMFC, Mudigere and place the same before the Metropolitan Magistrate Court, Bangalore.

Accordingly, petition is allowed. C.C.No.597/2010 is withdrawn from the Court of the jMFC, Mudigere and placed qV' 4 before the Metropolitan Magistrate Court, Bangalore. Both the parties are directed to co-operate for speedy disposal.

Sd/ JUDGE RV

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