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Judgment
Shivashankar Amarannavar, J
This petition is filed praying to transfer Crl.Misc.No.172/2021 pending on the file of the IV Additional Civil Judge (Jr.Div.) and JMFC, Davangere to the file of the Civil Judge (Jr.Div) and JMFC Court, Bhadravathi.
Heard, learned counsel for the petitioner and learned counsel for the respondent.
Respondent has initiated proceedings against the petitioner and his parents under Protection of Women from Domestic Violence Act, 2005 in Crl.Misc.No.172/2021 pending on the file of the IV Additional Civil Judge (Jr.Div.) and JMFC, Davangere. Transfer is sought on the ground that there is an untoward incident occurred on 12.03.2023 in the Court premises and the petitioner has lodged a complaint against advocates and case has been registered in Davangere Extension Police Station in Crime No.94/2023 for the offences punishable under sections 143, 147, 504, 323, 355, 506, 149 of IPC, wherein advocates of Davangere have been arrayed as accused. The petitioner is having threat to appear in the Court at Davangere since he has filed complaint against advocates. As there is threat to the petitioner to appear in the Court at Davanagere. On being asked to learned counsel for the respondent, he submits that case can be transferred to the Court which is convenient to both parties.
Learned counsel for the petitioner and learned counsel for respondents both submits that case can be transferred to the Principal Civil Judge and JMFC, Harihar.
In view of the above, the following
ORDER
The petition is allowed. The Crl.Misc.No.172/2021 pending on the file of the IV Additional Civil Judge (Jr.Div.) and JMFC, Davangere is ordered to be transferred to the Principal Civil Judge and JMFC, Harihar for disposal of the case in accordance with law.
The petitioner is directed to bear the travel and other expenses of the respondent in attending the Court at Davangere i.e., Rs.600/- per hearing on the dates on which the respondent appears in the said case.