Case Note & Summary
The petitioners, who are editors and publishers of various Kannada newspapers including Prajavani, Udayavani, Prajanudi, Vijayakarnataka, and others, filed a criminal petition under Section 407 of the Code of Criminal Procedure, 1973 (CrPC) seeking transfer of Criminal Case No. 305/2012 (P.C. No. 64/2012) pending before the Court of the Chief Judicial Magistrate and JMFC, Periyapatna, to any Metropolitan Magistrate Court in Bangalore. The case arose from a private complaint filed by the first respondent, S.T. Krishna Prasad, an advocate, alleging defamation under Section 499 of the Indian Penal Code, 1860 (IPC). The petitioners contended that they are all residents of Bangalore or other places, and that the trial at Periyapatna would cause great inconvenience and prejudice. The first respondent was served but remained unrepresented. Notice to respondents 2 to 13 was dispensed with by order dated 7.1.2013. The High Court, after considering the submissions, allowed the petition and ordered the transfer of the case from Periyapatna to the Court of the Chief Metropolitan Magistrate, Bangalore, for disposal in accordance with law.
Headnote
A) Criminal Procedure - Transfer of Cases - Section 407 CrPC - Fair Trial - Petitioners, editors and publishers of various newspapers, sought transfer of a private complaint for defamation under Section 499 IPC from Periyapatna to Bangalore - The Court considered the convenience of parties and the need to avoid prejudice - Held that transfer was warranted to ensure a fair trial and avoid inconvenience to the petitioners who are based in Bangalore (Paras 1-5).
Issue of Consideration
Whether the criminal defamation case pending before the CJ & JMFC Court, Periyapatna should be transferred to a Metropolitan Magistrate Court in Bangalore under Section 407 CrPC.
Final Decision
The petition is allowed. The Criminal Case No. 305/2012 (P.C. No. 64/2012) pending on the file of the Court of CJ & JMFC, Periyapatna is withdrawn and transferred to the Court of Chief Metropolitan Magistrate, Bangalore, for disposal in accordance with law.
Law Points
- Transfer of criminal cases under Section 407 CrPC
- Fair trial
- Convenience of parties
- Avoidance of prejudice
Case Details
2014 LawText (KAR) (03) 37
Criminal Petition No. 10/2013
S.S. Naganand, Senior Counsel for Just Law, Advs.
Shri K.N. Shanth Kumar and B.A. Ravi
S.T. Krishna Prasad and others
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Nature of Litigation
Criminal petition for transfer of a defamation case from one court to another.
Remedy Sought
Transfer of Criminal Case No. 305/2012 (P.C. No. 64/2012) from the Court of CJ & JMFC, Periyapatna to any Metropolitan Magistrate Court in Bangalore.
Filing Reason
Petitioners sought transfer to avoid inconvenience and prejudice as they are based in Bangalore and other places, not in Periyapatna.
Previous Decisions
Notice to respondents 2 to 13 was dispensed with by order dated 7.1.2013.
Issues
Whether the criminal defamation case should be transferred from Periyapatna to Bangalore under Section 407 CrPC.
Submissions/Arguments
Petitioners argued that they are editors and publishers of newspapers based in Bangalore and other places, and that trial at Periyapatna would cause great inconvenience and prejudice.
Ratio Decidendi
Transfer of a criminal case under Section 407 CrPC is warranted when it is necessary to ensure a fair trial and to avoid inconvenience and prejudice to the parties, especially when the petitioners are based in a different location from the trial court.
Judgment Excerpts
This Crl.P filed u/s.407 Cr.P.C praying to transfer the criminal case No.305/2012 (P.C.No.64/2012) pending before the Court of C.J. & JMFC Court, Periyapatna to any Metropolitan Magistrate Court at the City of Bangalore.
The petition is allowed. The Criminal Case No.305/2012 (P.C.No.64/2012) pending on the file of the Court of C.J. & JMFC, Periyapatna is withdrawn and transferred to the Court of Chief Metropolitan Magistrate, Bangalore, for disposal in accordance with law.
Procedural History
The petitioners filed a criminal petition under Section 407 CrPC on 3rd March 2014 seeking transfer of a defamation case from Periyapatna to Bangalore. The first respondent was served but remained unrepresented. Notice to respondents 2 to 13 was dispensed with by order dated 7.1.2013. The High Court allowed the petition and ordered transfer.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 407
- Indian Penal Code, 1860 (IPC): Section 499
