REKHA Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The present petitioner has filed this petiton under section 407 of Cr.P.C., 1973 seeking transfer of C.C.No.1664/2016 (Cr.No.79/2016) said to be pending on the file of the Additional Civil Judge and JMFC, Bagalkote and make it over to any criminal Court at Hubballi.

(2.) In her petition, the petitioner has contended that she is having minor son and is residing with her old aged parents, under such circumstances, it is very difficult for her to travel alone all the while from Hubballi to Bagalkote, which is nearly about 130 kms from Hubballi by way of road and 150 kms by way of train. She has further stated that, she stays in old aged parental home and her father was a retired person. Due to paucity of finance, she find it very difficult and sometime unable to go over to Bagalkote Court. She has no avocation of her own.

(3.) After service of notice, respondent Nos.1 and 2 are being represented by learned Government Pleader and learned counsel, respectively. Respondent No.2 has filed his objections opposing the petition, wherein he has stated that any other Court except the Court where the matter is pending has got no local jurisdiction to try the matter. As such, the matter cannot be transferred to any other Court. He has also stated that the present petition is filed with sole intention of causing harassment and discomfort to respondent No.2, who is working as Second Division Assistant at a local co-operative Bank in Bagalkote.