LAWS(KAR)-2023-8-1191

K. S. BHAGAVAN Vs. MAHABALESHWAR S.

Decided On August 28, 2023
K. S. Bhagavan Appellant
V/S
Mahabaleshwar S. Respondents

JUDGEMENT

(1.) This petition is filed seeking a transfer of C.C.No.770/2022 pending on the file of Principal Civil Judge and JMFC, Sagara to the Court of Chief Judicial Magistrate, Mysuru.

(2.) Heard the learned counsel for the petitioner and learned counsel for the respondent.

(3.) The respondent filed PCR.No.17/2019 against the petitioner for taking cognizance of the offences under Ss. 153(A), 295(A), 499, 500, 501, 502, 504, 506, 505(1)(2), 507 of IPC. In the said complaint, it is alleged that the respondent purchased a book "Ramamandira Eke Beda" in Sagara and after reading it, he found the writings to be defamatory and derogatory and hurts religious feeling of the people belonging to the Hindu Community and said book was written by the petitioner. After recording sworn statement of the respondent, the Judicial Magistrate took cognizance against the petitioner for the offence punishable under Sec. 295A of IPC and registered a case in C.C.No.770/2022 and ordered issuance of summons to the petitioner. Now the said C.C.No.770/2022 is pending on the file of Principal Civil Judge and JMFC, Sagara. The petitioner has sought transfer of the said Criminal Case pending on the file of Principal Civil Judge and JMFC, Sagara to Magistrate Court at Mysuru.