IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.463 OF 2018
KAJAL MUKUND NARAM @ THAKKAR )…APPLICANT
MUKUND SATISH NARAM @ THAKKAR )
AND OTHRES )…RESPONDENTS
Ms.Chaitrali Deshmukh, Advocate for the Applicant.
Mr.Vilas Tapkir, Advocate for Respondent Nos.1 to 5.
Mr.P.H.Gaikwad-Patil, APP for the Respondent – State.
CORAM : A. M. BADAR, J.
DATE : 3rd OCTOBER 2018
1 This is an application for transfer of Regular Criminal
Case No.1872 of 2018 for offences punishable under Sections
498A, 323, 504 read with 34 of the Indian Penal Code pending on
the file of learned Judicial Magistrate First Class,Pune to the court
of learned Judicial Magistrate First Class at Nashik Road filed by
the First Informant Kajal Mukund Naram @ Thakkar.
2 Heard the learned counsel appearing for the
applicant/ First Informant in Regular Criminal Case No.1872 of
2018 pending on the file of learned Judicial Magistrate First Class,
Pune. She argued that transfer under Section 12 of the Protection
of Women from Domestic Violence Act initiated by the present
applicant is pending on the file of the learned Judicial Magistrate
First Class at Nashik Road, so also the application for restitution of
conjugal rights preferred by the applicant is pending on the file of
the learned Family Court at Nashik. The husband has appeared
in both these matters. It is further argued that the applicant is
having no source of income to attend the court at Pune, and
therefore, the Regular Criminal Case needs to be transferred to
the court at Nashik Road, District Nashik.
3 The learned counsel appearing for respondent nos.1 to
5/accused in Regular Criminal Case No.1872 of 2018 opposed the
application. The learned APP appears for the State.
4 On the basis of the First Information Report (FIR)
lodged by the applicant, charge-sheet against the respondent
nos.1 to 5 is filed in the court of the learned Judicial Magistrate
First Class, Pune, for offences punishable under Sections 498A,
323 and 504 read with 34 of the Indian Penal Code. The
respondent nos.1 to 5 are accused in that Regular Criminal Case.
It is seen that the respondents are brother-in-law and parents-in-
law of the applicant. Some of them are of advanced age of 65
years. Accused Bhagyesh Satish Naram is just 18 years of age.
Considering the fact that what is sought to be transfered is a
criminal prosecution and that too from the court having territorial
jurisdiction, comparative inconvenience which will be caused to
the respondents/accused persons would be much more than that
to the applicant. The applicant being the First Informant will have
to attend the regular criminal case once for adducing evidence
and that too on summons from the court. However, the absence of
any of the respondents/accused on the date fixed for hearing will
invite serious consequence of issuing warrant against them. The
accused are supposed to attend the trial court on each and every
date of hearing. The expenses of attending the court by the
applicant can be taken care of by the concerned court by payment
of necessary charges, upon being summoned.
5 In this view of the matter, no case for transfer of
proceedings is made out.
6 The application is, therefore, rejected.
(A. M. BADAR, J.)
Digitally signed by
Arti Vilas Arti Vilas Khatate
Khatate Date: 2018.10.04