IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8418/2017 BETWEEN:
Sri.Nagendra S/o Shivalingaiah @ Kariyappa, Aged about 35years, R/a 3rd Main Road, Siddartha Nagara, Malavalli Town, Mandya District – 571 430.
Working as, Driver cum Conductor, Token No.5279, B.M.T.C, Depot No.12, Kengeri – 560 060.
(By Ms.Raksha Keerthana.K, Advocate) AND:
Smt.Asha T.D D/o Late Dasaiah, Aged about 24 years, R/at Thamasandra Village, Kasaba Hobli, Kanakapura Taluk, Ramanagara District.
(By Sri.H.Mohan Kumar, Advocate) ... Petitioner ... Respondent This Criminal Petition is filed under Section 482 of Cr.P.C praying to transfer the above case from Hon’ble Principal Civil Judge and JMFC, Kanakapura, Ramanagara District to Principal Civil Judge and JMFC, Malavalli, Mandya District.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R This petition is filed seeking transfer of Crl.Misc.No. 234/2014 pending on the file of II Additional Civil Judge and JMFC Court at Kanakapura to the Court of Principal Civil Judge and JMFC at Malavalli, Mandya District, on the ground that when the petitioner had been to JMFC Court at Kanakapura to attend the above case, he was assaulted by the respondent and her workmen.
2. No material has been produced to substantiate the allegation of assault. Even though, a copy of complaint is enclosed to the petition, there is no material to show that the said complaint was in fact submitted before any of the authorities and any action has been initiated thereon. Even otherwise, in view of Section 27 of the Protection of Women from Domestic Violence Act, 2005, the petition is maintainable within the jurisdiction of the Court where the person aggrieved permanently or temporarily resides. In that view of the matter, no grounds having been made out to transfer the proceedings, the petition is dismissed.
In view of dismissal of petition, I.A.No.1/2018 does not survive for consideration and it is also dismissed.
Sd/- JUDGE UN