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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