BHARAMARAMBIKA ALIAS AMBAKKA Vs. STATE OF MYSORE

JUDGEMENT

(1.) This petition is filed under S.526(1)(d) CrPC. for transfer of CC. No.2330 of 1971 from the file of the Special First Class Magistrate, Davangere, to the file of the Judicial Magistrate, First Class, Chitradurga.

(2.) The petitioner is complainant in CC.No.2330 of 1971 on the file of the Special First Class Magistrate, Davangere. She filed the complaint on 6-7-1971 alleging that respondent 2, the husband of the petitioner, had, during the subsistence of their marriage, married one Jayamma, respondent 3 and that that marriage had been abetted by the remaining respondents 4 to 6. The Magistrate recorded the sworn statement of the complainant on 6-7-1971 and then recorded sworn statements of two withseses on 2-8-1971 and thereafter directed issue of processes. Respondents 2 to 6 who are accused Nos.1 to 5 before him appeared on 22-9-1971 and were enlarged on bail. The matter was posted for recording of evidence on 13-10-1971. The matter was adjourned to 15-12-1971 and then to 17-1-1972. On that date, the complainant-petitioner filed an application stating that she had filed an application in the Court of the Sessions Judee, Chitradurga, under S.528(1) (c) of the CrPC. praying for transfer of the case from that Court to the Court at Chitradurga on the ground that both the parties and 5 out of 7 witnesses were from Hiriyur Taluk and it was convenient to all of them to have the case tried in the Court of the Judicial Magistrate at Chitradurga. The case was adjourned in view of the transfer application.

(3.) The learned Sessions Judge, has, in Cr.Misc.No.1 of 1972, passed an order rejecting the request made by the complainant for transfer of the case holding as follows: