Prasannasheel S/O Vishnupant … vs The State Of Maharashtra And Ors on 22 August, 2017

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 1997 OF 2017

1. Prasannasheel S/o Vishnupant Bhagat,
Age : 31 years, Occupation : Private Employment,
Residing at Swaraj Residency, Flat No. S-303,
Chikhli Road, Moshi, Taluka Haveli,
District Pune.

2. Mrs. Nirmala W/o Vishnupant Bhagat,
Age : 66 years, Occupation : Household,
Residence as above.

3. Vishnupant S/o Marotirao Bhagat,
Age : 73 years, Occupation : Nil,
Residing presently at above address.

4. Dr. Mrs. Utpala W/o Sushil Fale,
Age : 35 years, occupation : Medico,
Residing presently at C-4/14,
H.D.F.C. Colony, Taluka Haveli,
District Pune.

5. Sushil S/o Sevakram Fale,
Age : 39 years, Occupation and
Residence as above. … Applicants

VERSUS

1. The State of Maharashtra,
Through the Commissioner of Police,
Aurangabad.

2. The Senior Police Inspector,
Jawahar Nagar, Aurangabad.

3. Mrs. Ashwini W/o Prasansheel Bhagat,
Age : 25 years, Occupation : Service,
Residing at Plot No. 201, Parichay Apartment,
Tilak Nagar, Aurangabad. … Respondents
Flat No. 201

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……….
Mr Hemant Surve, Advocate a/w Mr Kshitij Surve, Advocate for the
applicants
Mr S. J. Salgare, APP for respondent/State
Mr A. S. Kale, Advocate i/b M/s Talekar Associates for respondent
No. 3
………….

CORAM : S. S. SHINDE
A. M. DHAVALE, JJ.

DATE : 22.08.2017.

ORAL JUDGMENT (Per S. S. Shinde, J.) :

. Rule. Rule made returnable forthwith. Heard finally with

the consent of the parties and taken up for final disposal at admission

stage.

2. This application is filed with following prayers:

F. It be held and declared that the furtherance of Regular
Criminal Case No. 1755 / 2017 pending on the files of the
learned XXth Judicial Magistrate, First Class, Aurangabad
for offences punishable under sections 498A, 323, 504,
506 read with 34 of the Indian Penal Code, 1860 would be
a sheer abuse of process of law for lack of availability of
territorial jurisdiction;

G. Consequence thereof, the charge-sheet filed by P.S.,
Jawaharnagar bearing registration number I – 93 / 2017
dated 15.07.2017 for offences punishable under sections

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498 – A, 323, 504, 506 read with 34 of the Indian Penal
Code, 1860 may kindly be ordered to be presented before
the appropriate Court of Law having territorial jurisdiction;

. However, Shri. Surve, learned counsel appearing for the

applicants, during the course of hearing, restricts the reliefs claimed in

the instant application to the extent of prayer clause ‘G’ subject to

granting him liberty to approach the competent court at Pune for

presenting an application for discharge, in case the proceedings bearing

Regular Criminal Case No. 1755 / 2017 pending on the files of the

learned XXth Judicial Magistrate, First Class, Aurangabad for offences

punishable under sections 498A, 323, 504, 506 read with 34 of the

Indian Penal Code, 1860, are transferred to the concerned court at

Pune.

3. He submits that, when the entire cause of action has arisen

at Pune, the court of XXth Judicial Magistrate First Class at Aurangabad

has no jurisdiction to entertain the Regular Criminal Case No. 1755 /

2017. In support of his contention, he placed reliance on the judgment

of the Bench presided over by the learned Single Judge of this Court in

the matter of Shekhar Shivdas Mahire Ors. Vs. Sou. Sarikabai

Shekhar Mahire Anr. reported in 2010 ALL MR (Cri) 1766.

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4. Mr Kale, learned counsel appearing for respondent No. 3

submits that, since the applicants have confined the reliefs claimed in

the application to the extent of prayer clause ‘G’, he has instructions

from respondent No. 3 to make the statement that, she has no objection

for transferring the proceedings Regular Criminal Case No. 1755 /

2017 pending on the files of the learned XXth Judicial Magistrate, First

Class, Aurangabad for offences punishable under sections 498A, 323,

504, 506 read with 34 of the Indian Penal Code, to the court of Chief

Judicial Magistrate at Pune.

5. In light of the above submissions made across the bar and

keeping in view of the judgment of this Court in the case of Shekhar

Mahire (cited supra), we are inclined to allow this application in terms

of prayer clause ‘G’. Hence, the following order.

ORDER

(i) Regular Criminal Case No. 1755 / 2017 pending on the
files of the learned XXth Judicial Magistrate, First Class,
Aurangabad for offences punishable under sections 498A,
323, 504, 506 read with 34 of the Indian Penal Code, is
transferred to the court of Chief Judicial Magistrate, Pune.

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(ii) The Court of CJM, Pune, as per the administrative
instructions, may itself conduct the case or transfer the
case forthwith to the concerned JMFC.

(iii) Needless to observe that, the applicants are at liberty to
tender an application for discharge before the concerned
court on the grounds other than territorial jurisdiction.

Rule made absolute in the aforesaid terms with no order as
to costs.

[ A. M. DHAVALE ] [ S. S. SHINDE ]
JUDGE JUDGE

sgp

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