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S.M. Shoba Vs. The Inspector of Police and Ors.
[Transfer Petition(s) (Criminal) No(s). 161/2021]
DATE: JUNE 15, 2022
ACT: Section 406 of the Code of Criminal Procedure, 1973
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 opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion., 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 DELHINew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection of Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi.;
JUNE 15, 2022