Karnataka High Court
Imran Khan vs State Of Karnataka By Harihara Police on 16 July, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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0IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
CRIMINAL PETITION NO.2357/2012
BETWEEN :
IMRAN KHAN,
S/O NAZEER AHAMED KHAN,
AGED ABOUT 29 YEARS,
R/AT NO.12, 1ST FLOOR,
BALAJI NURSERY ROAD,
JAYANAGARA 1ST BLOCK,
KUTTY COLONY,
BANGALORE-560011. ... PETITIONER
(BY SRI KEMPARAJU FOR
M/S. A LAWMENS CHAMBER, ADVS.,)
AND :
1. STATE OF KARNATAKA
BY HARIHARA POLICE STATION,
DAVANAGERE BY ITS PUBLIC
PROSECUTOR.
2. ALMAZ KHANUM W/O IMRAN KHAN,
AGED 23 YEARS,
R/AT 1ST MAIN, 1ST CROSS,
HARIHAR - 577 602
DAVANAGERE DISTRICT.
AND ALSO R/AT NO.30,
8TH 'C' MAIN,
NEW GURUPPANAPALYA,
BANGALORE - 29. ... RESPONDENTS
(R1 IS SERVED AND UNREPRESENTED
SRI S.RAMA MURTHY, ADV., FOR R2)
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THIS CRL.P IS FILED U/S.407 OF CR.P.C PRAYING TO
PASS AN ORDER TO TRANSFER PROCEEDINGS IN
C.C.No.1152/2010 PENDING ON THE FILE OF JMFC.,
HARIHAR TO THE ACMM COURT, BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.1 in CC.No.1152/2010 pending on the file of JMFC, Harihar, has come up in this petition seeking transfer of the same from the Court of JMFC, Harihara, to any of the Additional Chief Metropolitan Magistrate Court at Bangalore.
2. The proceeding in CC.No.1152/2010 is initiated by the second respondent, who is none other than the wife of petitioner herein. The petitioner and second respondent are said to have entered in to wedlock on 26.10.2008. In the wedlock, they have a female child. It is the case of second respondent that while she was residing in the matrimonial house along with petitioner and other members of the family, she was subjected to ill- treatment, demand of dowry and other miseries, which has resulted in her deserting the matrimonial house and staying separately with minor child. When the matter stood thus, it is -3- seen that a complaint is filed by her on 19.2.2010 with Harihar Town Police, which is registered in Crime No.40/2010 for offences punishable under Sections 498-A, 504, 323, 506 and 34 of IPC. Pursuant to the complaint registered in Crime No.40/2010, the investigation was conducted, thereafter charge sheet was filed by first respondent-Harihar Police resulting in the criminal complaint being registered against petitioner and other accused in the said crime number. The criminal complaint which is registered in CC.No.1152/2010 is presently pending on the file of learned JMFC, Harihar.
3. The first accused in CC.No.1152/2010 has come up in this petition seeking transfer of said criminal complaint to any other ACMM court at Bangalore, on the ground that the second respondent-complainant earlier to the filing of present complaint on 19.2.2010 had lodged one more complaint on 24.7.2009 with Basavanagudi Women police for similar offences. While filing said complaint, she stated that her permanent residence is at No.30, 8th C Main, New Gurappanapalya, Bangalore, where her parents are permanently residing and she is also residing with -4- them. Thereafter, this complaint is filed on 19.2.2010 as if she is residing at the relevant point of time in Tippu Nagar extension of Harihar Town, Davanagere District. It is seen that in the said complaint, there is no reference as to the particulars of house number or street number in which she is residing and where her postal address could be identifiable with reference to her residence. However, the police have registered the complaint and after investigation in to the matter have filed charge sheet thereafter.
4. It is further brought to the notice of this Court that subsequent to the filing of complaint in the year 2010, in a original suit which is pending on the file of Family Court in OS.No.122/2009 an affidavit is sworn to by the complainant on 21.2.2011 stating that she is the permanent resident of very same house i.e., No.30, 8th C Main, Gurappanapalya, Bangalore, which is situated within the limits of BTM Police, coming under the jurisdiction of IV ACMM Court, Bangalore. However, the second respondent not being able to secure the arrest and detention of her husband and other members of the husband's family under the provisions of 498A and under other provisions -5- of IPC, it appears, has filed the complaint at Harihara giving non-existing address. With that, she has achieved the purpose of getting the criminal case registered against the husband and other family members and they being sent to judicial custody. The petitioner has rightly stated that in the instant case both the complainant as well as accused are permanent residents of Bangalore. In that view of the matter, allowing the criminal complaint to continue in the court at Harihara is to no avail for both parties.
5. On the contrary, the learned counsel for second respondent tried to oppose the same by relying on the judgment rendered by the Apex Court in the matter of Maneka Sanjay Gandhi vs. Rani Jethmalani, reported in (1979) 4 SCC 167 and in the matter of Roop Lal Sathi v. Nachhattar Singh, reported in AIR 1982 SC 1559. However, on going through the aforesaid two judgments, it is seen that the ratio laid down therein would not support the contention raised by the second respondent in opposing this petition. In that view of the matter, this court feel that the present petition filed under Section 407 of Cr.PC., requires to be allowed.
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6. Accordingly, this petition is allowed. The proceeding in CC.No.1152/2010 on the file of JMFC, Harihara, is directed to be transferred to the Court of IV ACMM Court, Bangalore, within whose jurisdiction Gurappanapalya is situated, where the second respondent-complainant is permanently residing. It is further ordered that the transferred criminal complaint should be called before the IV ACMM Court, Bangalore, on 4.8.2014. On which day, the petitioner herein as well as the second respondent-complainant shall appear before the said court. The learned counsel for petitioner would submit that petitioner herein being the first accused in said proceeding would take the other accused also along with him and appear before the IV ACMM Court, Bangalore, on 4.8.2014. His submission is placed on record.
Sd/-
JUDGE nd/-