IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.4150 OF 2019 BETWEEN:
1. JOHNSON EDUCATION SOCIETY, NO.95/1, JOHNSON HIGH SCHOOL COMPOUND, MANGAMMANA PALYA YELAKUNTE VILLAGE, BEGUR HOBLI BANGALORE SOUTH TALUK BANGALORE-560 068 REPRESENTED BY ITS SECRETARY SMT.FRANCIS BIBIANA 2. SMT.FRANCIS BIBIANA AGED ABOUT 72 YEARS W/O C.FRANCIS SECRETARY AND TREASURER JOHNSON EDUCATION SOCIETY NO.95/1, JOHNSON HIGH SCHOOL COMPOUND MANGAMMANA PALYA YELAKUNTE VILLAGE, BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560 068 3. SRI.RAMANNA AGE: MAJOR VICE-PRESIDENT JOHNSON EDUCATION SOCIETY NO.95/1, JOHNSON HIGH SCHOOL COMPOUND, MANGAMMANA PALYA, YELAKUNTE VILLAGE, BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560 068 (BY SRI.BASAVARAJ S.SAPPANNAVAR, ADV.) … PETITIONERS AND:
SRI.SHANMUGAM S/O.ANNAMALAI AGED ABOUT 56 YEARS R/AT NO.24/6/4A MANGAMMANAPALYA YELAKUNTE VILLAGE NEAR JOHNSON HIGH SCHOOL JOHNSON HIGH SCHOOL ROAD BENGALURU-560 068 (BY SRI.K.V.VASANTH, ADV.) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 407, CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO TRANSFER ALL THE THREE CASES AT ANNEXURE-A TO C TO ANY ONE OF THE COURT FOR FAIR ADJUDICATION OF THE SAME AND TO DISPOSE OFF THE SAME IN ACCORDANCE WITH ALW AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, petitioners have prayed for the following relief:
Call for the entire records in C.C. No.23506/2014 on the file of XIII Additional Chief Metropolitan Magistrate at Bengaluru at Annexure-A and to transfer the above case at Annexure-A to XIX Additional Chief Metropolitan Magistrate at Bengaluru or IV Addl. SCJ & XXX ACMM (SCCH-6) Bengaluru for fair adjudication of the same and to dispose off the same in accordance with law in the interest of justice and equity.
2. Learned counsel for the respondent opposed the prayer of the petitioners on the score that matter is of the year 2014 and now it is at the stage of arguments. Hence, matter cannot be transferred.
3. Having regard to the status of the case and case relates back to of the year 2014, petitioners have not made out a case for transfer of the case to another Court. Accordingly, petition stands dismissed.
Sd/- JUDGE BS