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1 33-CrAn-2613-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2613 OF 2021
SHITAL W/O. TUKARAM KENDRE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Advocate for Applicant : Mr. Avinash A. Phad
APP for Respondent No.1/State : Mr. V. M. Kagne
…
CORAM : S. G. MEHARE, J.
DATE : 01-08-2022
PER COURT :-
1. Heard the learned counsel for the applicant and the learned
APP for respondent No.1/State. Respondents No. 2 to 6 have been
served, but nobody appeared for them.
2. The applicant has a case that since the incident happened
in Dharni, Taluka, District Amravati, a Regular Criminal Case No.
47 of 2021 for the offence punishable under Section 498A, 324,
504, 506 of the Indian Penal Code the charge-sheet has been filed
in the Court of Dharni. However, respondents No. 2 to 6 were the
original residents of Nashik district; they have been shifted to
Nashik. The applicant has filed a proceeding the under the
Protection of Women from Domestic Violence Act 2005 against
respondents Nos. 2 to 6 in the Court of learned Judicial Magistrate,
First Class, Parali-Vaijnath, District Beed. Neither the first
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informant/applicant nor respondents No.2 to 6 reside at Dharni,
District Amravati and have shifted to district Nashik. Therefore,
said criminal case be transferred from the Court learned Judicial
Magistrate, First Class, Dharni, District Amrawati to the Court of
learned Judicial Magistrate, First Class, Parali-Vaijnath, District
Beed.
3. The respondents have not resisted the application. However,
the learned APP would state that the grounds raised for transfer
are not proper. The applicant may not be required to attend Court
on each date, and another mode is available to attend the courts.
4. The learned APP has correctly pointed out that another mode
of video conferring facility is available to attend the courts. His
arguments would have been accepted. But, here, the
circumstances are different. Respondents Nos. 2 to 6 are not
residing at Dharni, Taluka Amrawati, and they have also shifted to
Nashik. In this peculiar circumstance, if the proceeding pending
before the Court of learned Judicial Magistrate, First Class, Dharni,
is transferred to the Court of learned Judicial Magistrate, First
Class, Parali-Vaijnath, none of the parties would suffer
inconvenience. The reasons put forth by the applicant are
appealable. Therefore, the application deserves to be allowed.
Hence, the following order –
i) The application is allowed.
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ii) The record and proceeding of Regular Criminal Case No. 47 of
2021 (State of Maharashtra Versus Tukaram s/o. Janardhan
Kendre and others) pending on the file of learned Judicial
Magistrate, First Class, Dharni, District Amrawati, be
transferred to the Court of learned Judicial Magistrate, First
Class, Parali Vaijnath, District Beed, for trial according to the
law.
iii) The learned Judicial Magistrate, First Class, Dharni, is directed
to send the record and proceedings of the above case through
the Principal District and Sessions Judge, Amrawati, for
transmitting it to the learned Judicial Magistrate, First Class,
Parali Vaijnath, District Beed through the Principal District and
Sessions Judge, Beed.
iv) After receiving the record and proceedings, the learned
Judicial Magistrate, First Class, Parali Vaijnath, District Beed,
shall issue notices to all the accused/respondents No.2 to 6
and secure their presence.
( S. G. MEHARE )
JUDGE
rrd
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