IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7182 OF 2017 BETWEEN:
MRS. NIRMALA S. M. W/O. PRASANNA, AGED ABOUT 35 YEARS, R/AT NO.10, 1ST CROSS, KRISHNA LAYOUT, HULIMAVU VILLAGE, BANNERGHATTA ROAD, BANGALORE-560 078. .. PETITIONER (BY SRI: MATHEW P M, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY KAGLIPURA POLICE STATION, BANGALORE-560 082.
REP BY SPP OF HIGH COURT BUILDING 2. PRASANNA. C AGED ABOUT 42 YEARS S/O. LATE CHINNAPPA, NO.47, 1ST BLOCK, NEAR MILK DIARY, THATTIGUPPE POST, BANGALORE SOUTH TALUK, BANGALORE-560 082. ... RESPONDENTS (By SRI.VIJAYAKUMAR, MAJAGE, ADDL. SPP FOR R1; R2-SERVED & UNREPRESENTED) THIS CRL.P IS FILED U/S.407 CR.P.C PRAYING TO TRANSFER THE CASE CMIS.(DVC) NO.13/2017 PENDING BEFORE PRINCIPAL CIVIL JUDGE AND J.M.F.C., RAMANAGARA TO M.M.T.C., BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner and the learned Additional SPP for respondent No.1. Respondent No.2 is served and unrepresented.
2. Petition is filed under Section 407 of Cr.P.C. seeking transfer of DVC 13/2017 before the Principal Civil Judge and JMFC at Ramanagaram to the M.M.T.C at Bengaluru.
3. Petitioner herein approached the Child and Welfare office at Ramanagaram and after completing the formalities, complaint was filed before the learned JMFC, Ramanagaram, by the Protection Officer. It is stated that the petitioner as well as the respondent are residing in Bengaluru and the petitioner is unable to attend the Court in Ramanagaram on every date of hearing and hence she has sought to transfer the Domestic Violence Case to the M.M.T.C, Bengaluru.
4. Respondent No.2 though served has not opposed the petition.
5. Having regard to the cause shown by the petitioner, the petition is allowed. Proceedings in D.V.C.No.13/2017 pending on the file of the Principal Civil Judge and JMFC at Ramanagaram is directed to be transferred to learned M.M.T.C, Bengaluru in accordance with law.
Both the parties are directed to attend the learned M.M.T.C at Bengaluru on 3.9.2019.
Sd/- JUDGE rs