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Aarifa Imroj @ Sunny Mulla vs The State Of Maharashtra And Anr on 19 March, 2019

APPLN 215-17.doc

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 215 OF 2017

Aarifa Imroj alias Sunny Mulla .Applicant

Vs.

The State of Maharashtra ors. .Respondents

Ms R. S. Sinhasane i/b. Mr. U. R. Mankapure, Advocate, for the
Applicant
Mr. P. H. Gaikwad, APP, for the Respondent No. 1 – State

CORAM : REVATI MOHITE DERE, J.

DATE : 19.03.2019
P.C.

. By this Application, the Applicant seeks transfer of the

498A case which is pending before the learned Chief Judicial

Magistrate, Kolhapur to the Chief Judicial Magistrate, Miraj,

Sangli.

2. Learned counsel for the Applicant states that at the

time when the 498A case was registered, she was residing at

Kolhapur, however, subsequently, she has moved to Miraj, Sangli.

Learned counsel for the Applicant further submits that the

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Applicant is finding it extremely difficult to attend the proceedings

on every date. She further submits that the Applicant neither has

any source of income nor has been awarded maintenance till date

and as such, she cannot bear the financial burden of traveling to

Kolhapur from Miraj, Sangli. She further submits that the

Applicant is residing alone at Miraj, Sangli and has no relative in

Kolhapur, where she can stay. According to the learned counsel,

the Applicant is receiving threats from the Respondent – husband,

who is working in Kolhapur, thus making the Applicant’s travel to

Kolhapur unsafe. She further submits that the Respondent had on

many occasions threatened the Applicant and witnesses, as a

result of which witnesses are also not likely to depose freely. She

submits that hence, in the interest of justice, the proceedings be

transferred from Kolhapur to Miraj, Sangli.

3. Notice was issued on 23.04.2018. It appears that

notices are not yet served. Issue fresh notice to the Respondents

returnable on 11.04.2019. Hamdast permitted. In addition to

Court notice, Advocate for the Applicant to serve the Respondent

Nos. 2 to 4 by private notice and file Affidavit of service before the

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next date. Notice to indicate that an endeavour shall be made to

decide the Application finally.

4. In the meantime, till the next date, there shall be

ad-interim relief in terms of prayer clause (b).

(REVATI MOHITE DERE, J.)

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