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S.M. Shoba Vs. The Inspector of Police [15/06/2022]

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S.M. Shoba Vs. The Inspector of Police and Ors.

[Transfer Petition(s) (Criminal) No(s). 153/2021]

S.M. Shoba Vs. Saravanan Babu and Ors.

[Transfer Petition(s) (Criminal) No(s). 161/2021]

Vikram Nath, J.

1. Transfer Petition (Crl.)No.153 of 2021 is filed by the petitioner under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013 seeking transfer of Criminal proceedings being C.C.No.631 of 2014, titled as the Inspector of Police, All Women’s Police Station, Madurai South vs. Saravanan Babu Ors., pending before the Additional Magistrate of the Mahila Court, Madurai, State of Tamil Nadu to the competent Judicial Magistrate Court at Bangalore, State of Karnataka.

2. Transfer Petition (Crl.)No.161 of 2021 is filed by the petitioner under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the Supreme Court Rules, 2013 seeking transfer of Crl.M.P.No.252 of 2014, titled as S.M.Shoba vs. Saravanan Babu Ors., under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the Judicial Magistrate Court (Mahila Court), Madurai, State of Tamil Nadu to the competent Judicial Magistrate Court at Bangalore, State of Karnataka.

3. Heard the learned Counsel for parties at length.

4. In my opinion, it won’t be appropriate at this stage to deal with respective arguments and record findings, as it may ultimately affect the parties and their pending litigations. However, on an overall conspectus of facts and circumstances of the cases, the Transfer Petitions, being bereft of merit, are liable to be dismissed.

5. Both the Transfer Petitions are accordingly dismissed.

……………………………….J. (VIKRAM NATH)

NEW DELHI;

JUNE 15, 2022

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