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2017 Supreme(Kar) 1366

B.A.PATIL
Sharanu S/o Veerupakshagouda Sanklipur – Appellant
Versus
Sunita W/o Sharanu Sanklipur – Respondent


Advocates Appeared:
For the Petitioners:Sri. Mahantesh Patil, Advocate.
For the Respondents:Sri. Umesh U. Mamdapur, Advocate.

ORDER :

1. This petition is filed under Section 407 of Cr.P.C. by the petitioners-accused Nos.1 to 5, praying this Court to withdraw the Criminal Miscellaneous Petition No.307/2017, pending on the file of I Additional Civil Judge and JMFC-I Court, Vijayapura and transfer the same to V Addl. Chief Metropolitan Magistrate Court, Bangalore. (Hereinafter called as ‘C.M.M. Court’).

2. Brief facts leading to the case is that, petitioner No.1/respodent are the husband and wife, their marriage was solemnized on 19-11-2013. After the marriage, because of the difference of opinion, respondent-wife filed a criminal case against petitioner No.1 making allegations regarding ill-treatment and harassment, which ensued in registration of Crime No.382/2016 of Hulimavu Police Station, Bangalore for the offences punishable under Sections 498-A and 504 of Indian Penal Code and also under Sections 3 and 4 of Dowry Prohibition Act. Thereafter, after investigation, charge sheet came to be filed in C.C.No.6947/2016 and the same is pending before the C.M.M. Court. Thereafter, petitioner No.1-husband has also filed a matrimonial case in M.C.No.1908/2016 before the Family Court, Bangalore under Section 3(1) (i








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