26-APPLN-463-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.463 OF 2018

KAJAL MUKUND NARAM @ THAKKAR )…APPLICANT

V/s.

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

P.C. :

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.

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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.

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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

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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

             12:43:43 +0530
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