Judgment
appln17.16 11
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APPLN) NO.17 OF 2016
1. Sonali Purushottam Devgirkar
Aged about 36 years, Occupation Service
R/o Parwati Nagar No.1, Amravati,
Taluka and District Amravati.
2. Rajendra @ Raju Manoharpant
Chinchamalatpure, Aged 50 years,
Occupation : Service.
3. Sanjay Chinchamalatpure,
Aged about 45 years, Occupation Service
No.2 & 3 R/o Juni Basti, Badner,
Tahsil & District Amravati. ..... Applicants.
:: VERSUS ::
Shri Sanjay Dnyaneshwar Daware
Aged about 38 eyars, Occupation Business
R/o Gandhi Chowk, Arvi, Taluka Arvi,
District wArdha. ..... Non-applicant.
================================================================
Shri Alok Upasani, Counsel for the applicants.
Shri S.D. Chopde, Counsel for the non-applicant.
================================================================
CORAM : V.M. DESHPANDE, J.
DATE : JULY 6, 2017.
.....2/-
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:12:11 :::
Judgment
appln17.16 11
2
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties.
2. Applicant No.1 is a divorcee of non-applicant Sanjay Daware. Their divorce took place in the year 2011. Since then the applicant is residing along with her mother at Amravati. This fact is not in dispute at all.
3. Applicant No.1 and non-applicant were blessed with twin daughters. There was legal battle in between applicant No.1 and non-applicant in respect of their custody. The proceedings for custody were initiated by the non- applicant in the Court of learned Civil Judge Senior Division at Wardha. Applicant No.1 approached to this Court by moving an application for transfer of the said proceedings for custody from Wardha to Amravati. The said application before this Court was registered as Misc. Civil Application .....3/-
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:12:11 ::: Judgment appln17.16 11 3 No.498 of 2015. This Court on 26.6.2015 allowed the application and ordered the transfer of proceedings, in respect of custody of twin daughters, from the file of learned Civil Judge Senior Division at Wardha to the file of learned Judge of Family Court at Amravati. Accordingly, those proceedings are still pending on the file of learned Judge of Family Court at Amravati.
4. A private complaint was filed by the non-applicant in the Court on learned Judicial Magistrate First Class at Arvi i.e. Summary Criminal Case No.724 of 2015. According to the said complaint, present applicant No.1 along with applicant Nos.2 and 3 who are her cousins reached to Arvi on 12.6.2015 and, thereafter, they assaulted on the non-applicant. According to the non-applicant, applicants' acts are constituted for the offences punishable under Sections 294, 323, 427, 504, and 506 read with Section 34 of the Indian Penal .....4/-
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:12:11 ::: Judgment appln17.16 11 4 Code.
5. Learned Magistrate issued process against the present applicants vide order dated 20.11.2015. The said order was questioned by the present applicants by filing a revision before learned Sessions Judge at Wardha bearing Regular Criminal Application No.24 of 2016. This revision is still pending on the file of learned Revisional Court.
6. By the present application under Section 407 of the Code of Criminal Procedure, the applicants are seeking transfer of Summary Criminal Case No.724 of 2015 pending on the file of learned Judicial Magistrate First Class at Arvi and Regular Criminal Application No.24 of 2016 pending on the file of learned Sessions Judge at Wardha to the Courts having jurisdiction to try such cases at Amravati.
7. Learned counsel Shri Alok Upasani for the applicants has invited my attention to the certificate issued in .....5/-
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:12:11 ::: Judgment appln17.16 11 5 respect of applicant No.2 which shows that he is disabled to the extent of 50% thereby restricting his mobility.
He submits that applicant No.1 is required to take care of minor daughters. It will be very difficult for her to attend proceedings on every date at Arvi and also at Wardha. Therefore, he prays for transfer.
8. Though prayer for transfer is opposed by learned counsel Shri S.D. Chopde for the non-applicant, he did not dispute the certificate annexed along with application respect of showing that applicant No.2 is handicap to the extent of 50%.
9. The proceedings for custody are already transferred from Wardha to Amravati and those proceedings are still pending. No doubt, only convenience cannot be a ground for transfer. However, in the light of peculiar facts of the present case that one case is already transferred by this .....6/-
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:12:11 ::: Judgment appln17.16 11 6 Court to Amravati, no prejudice will be caused to the non- applicant who is a businessman and having established medical shop at Arvi.
10. In that view of the matter, Summary Criminal Case No.724 of 2015 pending on the file of learned Judicial Magistrate First Class at Arvi and Regular Criminal Application No.24 of 2016 pending on the file of learned Sessions Judge at Wardha are hereby ordered to be transferred to the competent Courts at Amravati.
11. It is made clear that the non-applicant is a complainant. Therefore, his attendance in the case on every date is mandatory. However, if he moves an application before learned Judge at Amravati seeking his personal exemption, learned Judge is expected to decide such application favourably. However, he shall cooperate with learned Judge at Amravati for disposal of the criminal case as .....7/-
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:12:11 ::: Judgment appln17.16 11 7 early as possible.
With these observations, the application is allowed. Rule is made absolute.
JUDGE !! BRW !! ...../-
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:12:11 :::