T M UMASHANKAR Vs. BHAGIRATHAMMA

JUDGEMENT

(1.) Petitioners have sought for setting aside the order, transferring C.C. No. 205/2009 pending on the file of J.M.F.C., Doddaballapura to the Addl. Chief Judicial Magistrate, Bangalore Rural District, Bangalore, re-numbered as C.C. No. 2318/2010.

(2.) Respondent has filed a private complaint under Section 200 of Code of Criminal Procedure before the J.M.F.C., Nelamangala for an offence punishable under Section 464 read with Section 34 of IPC. However, the said case was withdrawn from J.M.F.C., Nelamangala and was posted before J.M.F.C., Doddaballapura by an administrative order dated 5th January 2009. Thereafter by another administrative order dated 6th March 2010, the case pending on the file of J.M.F.C., Doddaballapura was transferred to the Additional C.J.M., Bangalore Rural District, Bangalore. It is against the said administrative order, this petition is filed.

(3.) Sri. Rudragowda, learned Counsel appearing for the petitioners submitted that, petitioners being accused in the said case have been made to move from one place to another without any reason. He has produced the administrative orders dated 5th January 2009 and 6th March 2010 and submitted that, no reasons are assigned as to why the case is withdrawn from J.M.F.C., Nelamangala and posted before J.M.F.C., Doddaballapura and now from Doddaballapura to Bangalore. He submitted that, such frequent transfer, would vitally affect the case of the accused. He further submitted that, these transfers are made without hearing the parties, who would likely to be prejudiced.