IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3914 OF 2016 BETWEEN:
Sri. Syed Rafiq, S/o. Mohammed Sab, Aged about 47 years, R/at Tippunagara, 5th Cross, Santhe Maidana Backside, Channagiri Town – 577 213, Davanagere District. …Petitioner (By Sri. P.M. Siddamallappa, Advocate) AND:
Smt. Salmajan, W/o. Sri. Syed Rafeeq, Aged about 33 years, R/at EWS Quarters, Devaraj Urs Extension, Davanagere – 577 002. ...Respondent This Criminal Petition is filed under Section 407 of Cr.P.C. praying to withdraw the Criminal Misc. No.267/2015 on the file of J.M.F.C-III Court, Davanagere and Crl.Misc.No.402/2015 on the file of the Family Court, Davanagere and to assign both the matters to Family Court of either Chitradurga or Shivamoga by allowing the above petition.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner.
2. The petitioner is respondent in Crl.Misc.267/2015 and Crl.Misc.402/2015 pending on the file of the JMFC-III Court, Davanagere and Fast Track Court, Davanagere, respectively. The said proceedings are initiated by the respondent herein under Section 12 of the Protection of Women from Domestic Violence Act and under Section 125 of Cr.P.C. The petitioner has sought to transfer of these proceedings to any Court either at Chitradurga or Shivamogga.
3. The learned counsel for the petitioner submits that the petitioner is under constant threat of the respondent and her brother. Whenever he appears before the Court, the respondent and her men are threatening and abusing the petitioner. There was an incident of brutal assault on the petitioner and therefore, in order to have a fair trial, it is necessary to transfer the said proceedings to any Court outside Davanagere.
4. The apprehension expressed by the petitioner, in my view, cannot be considered as a justifiable ground to transfer the petition. If for any reason, the respondent has interfered with the administration of justice, by issuing threat to the petitioner, it is for the jurisdictional Court to ensure protection for the petitioner as well as the witnesses. Petitioner, is therefore, directed to approach the concerned Court seeking necessary protection, in which event the trial Court shall pass appropriate orders and shall ensure fair trial of the proceedings pending before it.
With these observations, the petition is dismissed.
SV/-
Sd/- JUDGE