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.5445 OF 2019 BETWEEN:
1. JOHNSON EDUCATION SOCIETY, NO.95/1 JOHNSON HIGH SCHOOL COMPOUND, MANGAMMANA PALYA 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 (BY SRI.BASAVARAJ S.SAPPANNAVAR, ADV.) AND:
SRI.SHANMUGAM S/O.ANNAMALAI AGED ABOUT 56 YEARS R/AT NO.24/6/4A MANGAMMANAPALYA YELAKUNTE VILLAGE … PETITIONERS 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 THE ABOVE CASE AT ANNEXURE-A TO XIII ADDITIONAL CHIEF METROPOLITAL MAGISTRATE AT BENGALURU OR XIX ADDITIONAL CHIEF METROPOLITAL MAGISTRATE AT BENGALURU FOR FAIR ADJUDICATION OF THE SAME AND TO DISPOSE OFF THE SAME IN ACCORDANCE WITH LAW IN C.C.NO.21970/2014 ON THE FILE OF THE IV ADDITIONAL SCJ AND XXX ACMM (SCCH-60) BENGALURU AT ANNEXURE-A.
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.21970/2014 on the file of IV Additional SCJ & XXX ACMM (SCCH-6) Bengaluru at Annexure – A and to transfer the above case at Annexure-A to XIII Additional Chief Metropolitan Magistrate at Bengaluru or XIX Addl. Chief Metropolitan Magistrate at 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 THE matter is of the year 2014.
3. Having regard to the grounds urged in support of the prayer, petition stands allowed. C.C. No.21970/2014 on the file of IV Addl. S.C.J., & XXX ACMM (SCCH-6), Bengaluru is transferred to XIII Addl. Chief Metropolitan Magistra, Bengaluru. Parties are hereby directed to co-operate to expedite the matter since matter is of the year 2014. Trial Court is requested to expedite the matter and decide the matter within an outer limit of six months from the date of receipt of this order.
Sd/- JUDGE BS