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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPLN) NO.74/2015
Sau. Smit w/o Badrinarayan Arbad,
age 33 years, Occ. Nil, r/o c/o Satyajit
Balasaheb Jawale, “Saidham Society”,
House No.5, New Saidham Raod,
Latur, Tq. Latur, Dist. Latur. …..APPLICANT
…V E R S U S…
1. Badrinarayan s/o Nagorao Arbad,
aged 40 years, Occ. Judicial Service,
Permanent r/o village Vita (Bk.),
Tq. Pathri, Dist. Parbhani,
Presently at Cooperative Court,
Alibagh, 2nd Floor, Prathamik Shikshak
Pathsanstha Complex, Bramhan Galli,
Opp. Bus Stand, Alibag, Tq. Alibag,
Dist. Raigad.
2. Nagorao Amrutrao Arbad,
aged 62 years, Occ. Agri.
3. Sau. Subhadra w/o Nagorao Arbad,
aged 54 years, Occ. Housewife.
4. Narayanrao s/o Amrutrao Arbad,
aged 54 years, Occ. Agri.
5. Sau. Lata w/o narayanrao Arbad,
aged 50 years, Occ. Household.
6. Kisanrao s/o Amrutrao Arbad
aged 50 years, Occ. Agri.
7. Kamal w/o Kisanrao Arbad,
aged 58 years, Occ. Agri.
8. Shankar s/o Nagorao Arbad,
aged 35 years, Occ. Practicing Advocate
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r/o Nos. 2 to 8 r/o village Vita (Bk.)
Tq. Pathri, Dist. Parbhani.
9. Sita w/o Balasaheb Dhudhate,
age 37 years, Occ. Household,
r/o Deulgaon Dhudhate, Tq. Puran,
Dist. Parbhani.
10. Shivraj s/o Narayanrao Arbad,
aged 28 yars, Occ. Nil,
r/o Vita (Bk.) Tq. Pathri,
Dist. Parbhani. …NON APPLICANTS
——————————————————————————————-
Mr. R. B. Dhore, Advocate for applicant.
Mr. R. N. Ghuge, Advocate for non applicants.
——————————————————————————————-
CORAM:- V. M. DESHPANDE, J.
DATED :- 12.07.2017
ORAL JUDGMENT
1. Rule. Rule returnable forthwith. Heard finally by
consent of the parties.
2. By the present proceeding under Section 407 of the
Cr.P.C. the applicant-wife is seeking transfer of Regular Criminal
Case No. 330/2013 pending on the file of Judicial Magistrate First
Class, Akola to the file of Judicial Magistrate First Class, Latur.
The regular criminal case arises out of the FIR
registered with Police Station, Ramdaspeth, Akola Vide CR No.
96/2012 for an offence under Section 498A, 323, 504, 506 read
with Section 34 of the IPC.
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3. Mr. Dhore, the learned counsel for the applicant
submits that the transfer of case is necessary in view of the fact
that the applicant is resident of Latur and after matrimonial
discord between her and non applicant no.1, she is residing
separately from the non applicant no.1. He also invited my
attention to the judgment and order passed by this Court on
08.01.2014 in Misc. Criminal Appeal No.1/2013 by which this
Court transferred the divorce petition between the applicant and
non applicant no.1 bearing No. A-76/2012 from the file of Family
Court, Akola to the file of Civil Judge Senior Division, Latur.
4. The application is opposed by Mr. Rahul Ghuge,
learned counsel for the non applicants. He submits that the
application as filed by the applicant before this Court lacks
parameters which are required for consideration of the application
under Section 407 of the Cr. P. C.
5. It is not in dispute that the applicant is not residing at
Akola. She is residing at Latur which is her parental place. The
divorce proceedings are already transferred from Akola to Latur.
Non applicant no.1 is also not permanent resident of Akola. His
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abode shifts in view of his employment. Mr. Ghuge submits that
presently the non applicant no.1 is discharging his duties at
Osmanabad.
6. In view of the peculiar fact that the applicant and non
applicants are not permanent residents of Akola and other
proceedings are already transferred from Akola to Latur and non
applicant no.1 is discharging his duties at Osmanabad, no
prejudice will be caused to any of the non applicants if the
proceedings are transferred from the file of Judicial Magistrate
First Class, Akola to file of Judicial Magistrate First Class, Latur.
7. In view of above, the application is allowed. Regular
Criminal Case No.330/2013 pending on the file of Judicial
Magistrate First Class, Akola stands transferred to the file of Chief
Judicial Magistrate, Latur. After being so transferred, it shall be
upon the Chief Judicial Magistrate, Latur either to try and dispose
of or to allot the same to any other Judicial Magistrate First Class.
Rule is made absolute in the above terms. No order as
to costs.
JUDGE
kahale
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