- 1 - HC-KAR NC: 2025:KHC:19648 CRL.P No. 7766 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 7766 OF 2025 BETWEEN: SRI. PRAMOD V SON OF VARDARAJU M AGED 36 YEARS, NO. 1148, SIR. M.V. LAYOUT, III BLOCK NEAR HP PETROL BUNK MANGANAHALLI CROSS BENGALURU CITY - 560 056 …PETITIONER (BY SRI. TONY SEBASTIAN, SR. ADVOCATE SRI. MELANIE SEBASTIAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY JNANABHARATHI POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING, BANGALORE - 560 001. 2. DARSHAN S/O SATHYA NARAYANA AGED ABOUT 31 YEARS RESIDING AT NO.57, 6TH CROSS, MARIYAPPANAPALYA BENGALURU - 560 023 3. SUJAN S/O SATHYA NARAYANA AGED ABOUT 27 YEARS RESIDING AT NO.57, 6TH CROSS, MARIYAPPANAPALYA BENGALURU - 560 023 Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19648 CRL.P No. 7766 of 2025 4. YASHAVANTH S/O JAGANATH RAO AGED ABOUT 27 YEARS RESIDING AT NO.12, 6TH CROSS, MUNESHWARA NAGARA, ULLAL MAIN ROAD BENGALURU - 560 110 5. VINAYA S/O SHIVANNA AGED ABOUT 29 YEARS RESIDING AT NO.22, 8TH CROSS, MUNESHWARA NAGARA, ULLAL MAIN ROAD BENGALURU - 560 110 …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1) THIS CRL.P IS FILED U/S 407 CR.PC (FILED U/S 447 BNSS) PRAYING TO TRANSFER THE CASE IN C.C. NO.17252/2023 PENDING ON THE FILE OF IX ADDL. CMM TO THE HONBLE LII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-53) BENGALURU TO BE TRIED ALONG WITH S.C. NO.283/2024 WHICH IS PENDING ON THE FILE OF LII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-53) BENGALURU. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner has approached this Court invoking Section 407 of Cr.PC seeking transfer of C.C.No.17252/2023 pending on the file of the learned IX Additional Chief Metropolitan Magistrate to the learned LII Additional City Civil and Sessions - 3 - HC-KAR NC: 2025:KHC:19648 CRL.P No. 7766 of 2025 Judge (CCh-53) Bengaluru, to be tried along with S.C.No.283/2024. 2. According to the learned counsel for the petitioner, neither the learned Magistrate can transfer the case to the learned Session Court nor the learned Sessions Judge can get the case transferred from the Court of the learned Magistrate, and that it is only the authority of this Court to pass such order under Section 407 of Cr.PC. 3. Section 408 of Cr.PC relates to power of Sessions Judge to transfer cases and appeals. Bare reading of Section 408(1) and (2) make it clear that whenever it is made to appear to a Sessions Judge that an order under this sub- Section is expedient for the ends of justice, he may order that any particular case be transferred from one criminal Court to another criminal Court in his Sessions division. It is not in dispute that both cases referred above are in the same sessions division. Therefore, such an order could be passed either on the report of the learned Magistrate, or on the application to be filed by the party interested, or even suo-moto. In view of the clear wordings under Section 408 of Cr.PC, I am of the opinion - 4 - HC-KAR NC: 2025:KHC:19648 CRL.P No. 7766 of 2025 that the office has rightly raised the objection regarding maintainability of the petition. Hence, office objection is upheld. Accordingly, the petition is dismissed as not maintainable. Sd/- (M G UMA) JUDGE SPV List No.: 1 Sl No.: 4