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Judgments of Supreme Court of India and High Courts

Smt. V. Rashmi vs The State Of Karnataka on 11 January, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JANUARY, 2018

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

WRIT PETITION NO.7892/2017 (GM-RES)

BETWEEN:

SMT.V.RASHMI,
W/O. SIDDESHWARA,
AGED ABOUT 30 YEARS,
R/O 2020/2, 2ND MAIN,
2ND CROSS, MCC A BLOCK,
DAVANAGERE.
… PETITIONER

(BY SRI.MAHESH.C.M, ADV.,)

AND:

1. THE STATE OF KARNATAKA,
BY WOMEN POLICE STATION,
DAVANAGERE.

2. THE SATE OF KARNATAKA,
BY COWLBAZAR POLICE STATION,
BELLARY, REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE – 560 001.
… RESPONDENTS

(BY SRI.S.RACHAIAH, HCGP FOR R1 R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA R/W.482 OF CR.P.C.
PRAYING TO QUASH THE IMPUGNED ORDER DTD:8.7.2016
PASSED BY THE JUDICIAL MAGISTRATE FIRST CLASS-III,
2

DAVANAGERE IN CRIME NO.50/2016 PRODUCED AT
ANNEXURE-A.

THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Learned High Court Government Pleader takes notice

for the respondents.

2. Heard the learned counsel for the petitioner and

learned High Court Government Pleader for the

respondents. Perused the records.

3. The petitioner appears to have filed a complaint

before the Women Police Station, Davanagere making

various allegations for the offence punishable under

Sections 498A, 506, 114, 504, 324 r/w 34 of IPC and also

under Sections 3 and 4 of the Dowry Prohibition Act.

4. The Women Police Station, Davanagere have

filed a requisition for transfer of Cr.No.50/2016 to the

Cowlbazar Police Station, Bellery on the ground that the

said Police Station has jurisdiction to investigate the

matter. Learned Magistrate without giving notice or hearing

the complainant and even without ascertaining which
3

Police Station has got actual jurisdiction to investigate the

matter has in a slipshot manner passed an order

permitting the Women Police Station, Davanagere to

transfer Cr.No.50/20156 to the Cowlbazar Police Station,

Bellary. Therefore, the impugned order is hit by principle of

natural justice and it is liable to be set-aside. Accordingly,

the following:

ORDER

i) The petition is allowed.

ii) The order dated 08.07.2016 passed by the
JMFC, III, Davanagere in Cr.No.50/2016 is
hereby set-aside.

iii) Learned Magistrate is hereby directed to
issue notice to the complainant (petitioner
herein) and provide an opportunity of
hearing. After finding out which Police
Station has jurisdiction to investigate the
matter, thereafter, the learned Magistrate to
pass appropriate orders in accordance with
law.

Sd/-

JUDGE
VM

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