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Judgments of Supreme Court of India and High Courts

Syed Saquib Ahraruddin S/O. Syed … vs Sayed Najma Tarannum W/O. Sayed … on 5 October, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
13 CRIMINAL APPLICATION NO. 515 OF 2018

SYED SAQUIB AHRARUDDIN S/O. SYED TAREKH IMADUDDIN
VERSUS
SAYED NAJMA TARANNUM W/O. SAYED SAQUIB AND ANR

Advocate for Applicant : Mr. Y. M. Khan.
Advocate for Respondent No. 1 : Mr. A.V. Lavte, h/f Mr. S.J. Salunke.

CORAM : K. L. WADANE, J.
DATE : 5th OCTOBER, 2018.

PER COURT :

1. Heard learned counsel for applicant. This is an application

filed by the applicant to transfer the Regular Criminal Case No.

248/2017 filed by the respondent no. 1 against the applicant for the

offence punishable under section 498A of the Indian Penal Code and

same is pending before the Judicial Magistrate, First Class Gaorai.

2. Learned counsel for the applicant submits that respondent

No. 1 is residing at Georai and there were threats to the life of

applicant for which the applicant already approached to the concerned

police station at Gaorai.

3. Earlier the respondent No. 1 filed a proceedings under the

provisions of Protection of Women from Domestic Violence Act, 2005

bearing Misc. Cri. Application No. 468/2016 as well as proceedings
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under section 125 of the Code of Criminal Procedure, bearing Misc.

Cri. Application No. 459/2016, both were instituted by respondent No.

1 in the Court of Judicial Magistrate, First Class, Georai and both

these proceedings were transferred to the Court of Judicial Magistrate,

First Class Ambad (District Jalna) by order of this Court in Criminal

Application No. 5914 of 2016 with Criminal Application No. 6443 of

2016 and now the proceedings between the applicant and respondent

No. 1 are pending in the Court of Judicial Magistrate, First Class

Ambad, District Jalna.

4. I have gone through the reasons recorded by this Court in its

order dated 10.02.2018. This Court transferred the earlier proceedings

between the parties from the Court of Judicial Magistrate, First Class

Georai to the Court of Judicial Magistrate, First Class Ambad as prima-

facie there were threats extended by the relatives of the respondent

No. 1 and this is the third proceeding initiated by the respondent No. 1

in the Court of Judicial Magistrate, First Class Georai for the offence

punishable under section 498-A of the Indian Penal Code.

5. Learned counsel for respondent No.1 Mr. Lavte, argued that

the respondent No. 1 is residing at Georai and as per the provisions of

the Code of Criminal Procedure, jurisdiction of the Criminal Court shall

not be disturbed unless there are exceptional circumstances by

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exercising the power of this Court under section 482 of the Code of

Criminal Procedure Code.

6. The grounds raised by the respondent No. 1 is already

considered by this Court while transferring the two proceedings from

the Court of Judicial Magistrate, First Class, Georai to the Court of

Judicial Magistrate, First Class Ambad and this Court has also taken

care to see that the respondent No. 1 will not face the financial

difficulty. This Court has specifically observed that the present

applicant had undertaken to pay the travelling expenses to respondent

No. 1 (wife) at the rate of Rs. 1000/- on per date of hearing. It is

further observed that a single default on the part of the present

applicant to deposit the amount will result in revoking the order of

transfer without further reference to the Court.

7. So this Court has already considered the grounds of threats

extended to the applicant. At the same time, this Court has also taken

care about the financial assistance to the respondent No. 1 while

attending the proceeding at Ambad. From the aforesaid circumstances,

it appears that, parties are attending two proceedings at Ambad, in

such circumstances, there is no difficulty for attending the third

proceeding at Ambad.

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8. In view of the above, the application is allowed.

9. The proceedings bearing Regular Criminal Case No. 248/2017

pending before the Court of Judicial Magistrate, First Class Georai is

hereby withdrawn and transferred to the Court of Judicial Magistrate,

First Class, Ambad District Jalna, for disposal, in accordance with law.

10. Judicial Magistrate, First Class, Ambad, before whom the

earlier two proceedings i.e. Cri. Misc. Application No. 468 of 2016 and

Cri. Misc. Appln. No. 459 of 2016 are pending shall take every

endeavor to fix this third matter also along with the earlier two

proceedings, so as to avoid inconvenience to the parties.

11. With these directions, the Criminal Application is allowed and

disposed of.

(K. L. WADANE, J.)

mkd

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