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Shital W/O. Tukaram Kendre vs The State Of Maharashtra And … on 1 August, 2022

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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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2 33-CrAn-2613-21.odt

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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