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Sonu Rajiv Limje vs The State Of Maharashtra And Ors on 29 October, 2018

6-APPLN-513-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.513 OF 2018

SONU RAJIV LIMJE )…APPLICANT

V/s.

THE STATE OF MAHARASHTRA AND ORS. )…RESPONDENTS

Ms.Deepa Punde I/b. Mr.S.S.Punde, Advocate for the Applicant.

Mr.P.H.Gaikwad-Patil, APP for the Respondent – State.

CORAM : A. M. BADAR, J.

DATE : 29th OCTOBER 2018

P.C. :

1 This is an application by the wife/First Informant for

transfer of Regular Criminal Case No.239 of 2016 for offences

punishable under Sections 498A, 323, 504, 506, 406 read with 34

of the Indian Penal Code from the court of learned Judicial

Magistrate First Class, Daund, to the court of learned Judicial

Magistrate First Class at Ulhas Nagar, District Thane.

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2 Heard the learned counsel appearing for the

applicant/First Informant/wife. She argued that the applicant/

First Informant is a housewife having no source of income. She is

required to attend the court at Daund by spending money. Other

proceedings are pending at Ulhas Nagar and the respondents are

attending those proceedings at Ulhas Nagar. Therefore, in

submission of the learned counsel for the applicant/First

Informant/wife, it will be convenient if the criminal case against

the respondents pending on the file of learned Judicial Magistrate

First Class, Daund, is transferred to the file of the learned Judicial

Magistrate First Class at Ulhas Nagar.

3 I have considered the submissions so advanced.

4 It is seen from the record that the applicant/First

Informant/wife has filed the First Information Report (FIR) with

Police Station Vitthalwadi, District Thane, against respondent

nos.2 to 5 who happen to be her husband, mother-in-law and

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brothers-in-law. Accordingly, Crime No.00 of 2015 came to be

registered for offences punishable under Sections 498A, 323, 504,

506, 406 read with 34 of the Indian Penal Code and the FIR came

to be transferred to the jurisdictional Police Station i.e. Police

Station Daund, where Crime No.299 of 2015 came to be

registered. Ultimately, charge-sheet is filed and Criminal Case

No.239 of 2015 came to be registered against respondent nos.2 to

5. That case is sought to be transferred from the court having

territorial jurisdiction to try that offence to the court at Ulhas

Nagar in District Thane, on the ground that it is inconvenient for

the applicant/First Informant/wife to attend the court at Daund.

It is also seen that the applicant/First Informant/wife has filed an

application under Section 12 of the Protection of Women from

Domestic Violence Act, 2005, against respondent nos.2 to 5 in the

court of the learned Judicial Magistrate First Class, Ulhas Nagar,

and this is considered to be one more reason for transfer of the

subject crime case to the court at Ulhas Nagar in District Thane. It

is further averred that all witnesses are from Ulhas Nagar.

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5 General convenience of the parties is the ground for

transfer of a case from a particular court to some other court. In

the case in hand, the case which is sought to be transferred is a

State case wherein respondent nos.2 to 5 are accused. The

offence allegedly took place within territorial jurisdiction of the

learned Judicial Magistrate First Class at Daund. That court is

competent to try the crime in question. Being a State case, it is

not at all required for the applicant/First Informant/wife to attend

the court of learned Judicial Magistrate First Class, Daund, unless

and until she is summoned for adducing evidence. Similarly,

other witnesses are also required to attend that court only on

being summoned by the said court for adducing evidence.

Expenses of attendance of the applicant/First Informant/wife and

the witnesses will have to be obviously borne by the State when

they will be summoned to adduce evidence before the court.

Thus, the applicant and other witnesses will have to attend the

court only once, for adducing evidence.

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6 As against this, respondent nos.2 to 5 are required to

attend the criminal case in which they are prosecuted on each and

every date compulsorily. Their one absence from the trial court

would result in issuance of warrant against them for securing their

presence. Respondent nos.2 to 5 are required to attend the trial

court on each and every date of hearing, unless they are exempted

to do so under the judicial order.

7 In this view of the matter, it cannot be said that for

general convenience of the parties, the said case is required to be

transferred from the court having territorial jurisdiction to some

other court as per choice of the applicant/First Informant/wife.

8 The application is, as such, devoid of merits, and the

same is rejected.

(A. M. BADAR, J.)

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