LAWS(KAR)-2023-3-493

H.M.RUDRAKUMAR Vs. SMT GOWRAMMA H.R.

Decided On March 31, 2023
H.M.Rudrakumar Appellant
V/S
Smt Gowramma H.R. Respondents

JUDGEMENT

(1.) Looking to the facts and circumstances of the case, issuing notice to the respondent is dispensed with. This petition is filed by the petitioner under Sec. 482 of Cr.P.C. for quashing the order of imposing cost of Rs.5,000.00 while dismissing the petition filed by this petitioner under Sec. 408 of Cr.P.C. in Crl.Misc.No.5535/2022 dtd. 23/9/2022.

(2.) Heard the learned counsel for the petitioner-party in person.

(3.) The petitioner who is the party-in-person submits that the respondent has filed a petition against this petitioner under the D.V. Act which was pending before the III Additional M.M.T.C., Bengaluru. The further case of the petitioner is that the III Additional M.M.T.C., was posted for training to the Judicial Academy, therefore, the petitioner filed an application under Sec. 408 of Cr.P.C. before the Sessions Judge for transferring the case to the II Additional M.M.T.C., Bengaluru for conducting the proceedings and subsequently, II Additional M.M.T.C., has been transferred and the Presiding Officer of III Additional M.M.T.C., Bengaluru also got transferred. Therefore, he has filed memo for not pressing the application under Sec. 408 of Cr.P.C. which came to be dismissed with a fine of Rs.5,000.00. Hence, the petitioner is before this Court.