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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION NO. 75 OF 2015
APPLICANT : Gopichand S/o Limbaji Meshram
Aged about 50 years, Occu. Agriculturist,
R/o Mithewani, Tah. Tumsar,
Dist. Bhandara
VERSUS
NON-APPLICANT : Nandkishor Krushnarao Nagpure,
Aged about 50 years, Occupation : Service,
R/o Khasala, Gram Panchayat, Khasala,
Kamptee Road, Naka No.2,
Tah. & Dist. Nagpur.
Also Address at -
Susudri, Police Station, Kalmeshwar,
District Nagpur.
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Shri K. S. Motwani, Advocate for the applicant.
Shri S. K. Bhoyar, Advocate for the non-applicant.
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CORAM : V. M. DESHPANDE, J.
DATE : DECEMBER, 19, 2017 ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties. ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:02:30 :::
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2. This is an application under Section 407 read with Section 482 of the Code of Criminal Procedure for transferring Regular Criminal Case No 66 of 2012, which is pending before the Court of learned Chief Judicial Magistrate, Gondia, to the Court of learned Chief Judicial Magistrate at Bhandara.
3. Heard Shri K.S.Motwani, the learned counsel for the applicant and Shri S.K. Bhoyar, the learned counsel for the non- applicant.
4. Though, Criminal Case No. 66/2012 is a State case, for the reasons best known to the applicant, the State is not joined as party to the present application.
5. The applicant has filed the first information report with Police Station, Gondia city, Gondia on 22.10.2011 against the non- applicant - Nandkishor Nagpur for the offences punishable under Sections 420, 468, 471 of the Indian Penal Code. It was registered as Crime No. 219/2011. The Investigating Officer, after completion of the investigation filed final report in the Court of law vide Final Report No. 66/2012.
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6. The present application is moved mainly on the ground of convenience to the complainant. It is to be noted that the criminal case is the baby of the State Government. The State Government has not filed any application expressing any difficulty to conduct the case at Gondia. Merely because the applicant, who is the complainant, wish to transfer the case from Gondia to Bhandara, that cannot be the reason without there being any foundation.
7. Hence, no case is made out for transferring the criminal case as prayed for. The criminal application is rejected. Rule discharged.
JUDGE Diwale ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:02:30 :::