Bombay High Court
Sangita Pandharinath Pachapute ... vs The State Of Mah And Anr on 22 November, 2016
Bench: V.K. Jadhav
1
218 CRI.APPLICATION NO.2395 OF 2007.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 2395 OF 2007
1. Sau. Sangita w/o Pandharinath Pachpute,
Age 41 years, Occu. Household,
R/o Kedgaon, Ahmednagar,
District Ahmednagar.
2. Kailas Magan Shinde,
Age 39 years, Occu. Agri.,
R/o Dhondepargaon, Tq. Jamkhed,
District Ahmednagar.
3. Sumanbai Dnyandeo Jagtap,
Age 42 years, Occu. Household,
Residing near Pach Godown,
Kedgaon, Ahmednagar,
District Ahmednagar. ... APPLICANTS
V E R S U S
1. The State of Maharashtra.
(Copy to be served on the Public Prosecutor
High Court of Bombay, Bench at Aurangabad).
2. Sau. Janabai w/o Raosaheb Hodshil,
Age 43 years, Occu. Household & Business,
Residing at opposite Zanzani Mata Temple,
Subhas Nagar, Dhule, District Dhule. ... RESPONDENTS
...
None present for the Applicants.
Mr. S. P. Tiwari, APP for Respondent No.1 / State.
Mr. R. S. Shinde, Advocate for Respondent No.2.
...
::: Uploaded on - 23/11/2016 ::: Downloaded on - 24/11/2016 00:49:11 :::
2
218 CRI.APPLICATION NO.2395 OF 2007.odt
CORAM : V. K. JADHAV, J.
DATE : 22nd November, 2016.
ORAL JUDGMENT:
. None present for the Applicants.
2 On 16th September, 2016, the learned counsel for the
parties sought two weeks time to obtain specific instructions from their
respective clients whether the matter is amicably settled between
them or not.
3 By this criminal application, the Petitioners / original
Accused in S.T.C. Case No.479 of 2006, pending before the Chief
Judicial Magistrate, Dhule and S.T.C. Case No.29 of 2006, pending
on the file Judicial Magistrate First Class, Dondaicha, District Dhule,
are seeking transfer of those cases filed by Respondent No.2 to
Judicial Magistrate First Class Court either at Aurangabad or Beed or
Nashik district.
4 It has stated in the application that the husband of present
Petitioner No.1 is serving in the police department and he was posted
at Azadnagar Police Station, Dhule. The husband of present
218 CRI.APPLICATION NO.2395 OF 2007.odt
Respondent No.2 / original Complainant is a Journalist and
Respondent No.2 is the Editor, Printer and Publisher of Weekly
Newspaper "Rayat Morcha". At the relevant time, when the husband
of Petitioner No.1 was posted at Azadnagar Police Station, Dhule,
certain complaints came to be filed against Respondent No.2 herein
and her husband and they have also filed complaint against some of
the residents. The husband of present Respondent No.2 wanted
some extra favour, however, the husband of Petitioner No.1 did not
agree with them. Consequently, Respondent No.2 and her husband
started publishing some defamatory articles in the said weekly against
the husband of Petitioner No.1. In the light of such defamatory
articles published in the said weekly, Petitioner No.3 herein filed
S.T.C. Case No.4825 of 2005 against Respondent No.2 and her
husband in Ahmednagar Court and Petitioner No.2 also filed S.T.C.
Case No.574 of 2005 in Jamkhed Court against them. Both the cases
were filed against them for having committed an offence punishable
under Section 500 of the Indian Penal Code in regard to publication of
defamatory article. Even the husband of Petitioner No.1 instituted
Special Civil Suit No.5 of 2004 against Respondent No.2 for
compensation on account of some defamatory article published in the
218 CRI.APPLICATION NO.2395 OF 2007.odt
said weekly. The said suit came to be dismissed. However, the
relations between the husband of Petitioner No.1 and Respondent
No.2 and her husband became strained. Consequently, husband of
Petitioner No.1 came to be transferred. However, Respondent No.2
has filed S.T.C. Case No.479 of 2006 on 21 st January, 2006, in the
Court of Chief Judicial Magistrate, Dhule against the present
Petitioners for having committed an offence punishable under
Sections 323, 504 and 506 read with 34 of the Indian Penal Code and
filed another complaint bearing bearing S.T.C. Case No.29 of 2006
before the Judicial Magistrate First Class, Dondaicha against the
present Petitioners for having committed an offence punishable under
Sections 323, 504, 506 and 511 read with 34 of the Indian Penal
Code. It has further stated in the application that the said complaints
are false complaints and have been filed to cause hardship and
inconvenience to the Petitioners. Respondent No.2 in order to set
score with the husband of Petitioner No.1, filed two aforesaid
complaints with malafide intention. It is further contended in the
application that the Petitioners apprehend that Respondent No.2 and
her husband would file some more vexatious complaints and cases
against them whenever the Petitioners would go to attend the Court.
218 CRI.APPLICATION NO.2395 OF 2007.odt
The Petitioners, therefore, preferred this criminal application for
transfer of those cases to the Judicial Magistrate First Class Court
either at Aurangabad or Beed or Nashik district for disposal in
accordance with law.
5 On perusal of the said complaints, it appears that specific
incident alleged in the said complaint and accordingly, the aforesaid
complaints came to be fled before the Chief Judicial Magistrate, Dhule
and Judicial Magistrate First Class, Dondaicha. Even in both the
cases, the respective Courts have recorded verification statement of
the Complainant. However, in both the complaints, the learned
Magistrates have not issued any process against the Petitioners /
Accused persons. Since the Courts have not issued any process till
this date, in view of the provisions of Section 202 of the Code of
Criminal Procedure. In case where the accused is residing at a place
beyond the area in which the Magistrate exercises his jurisdiction, the
Magistrate bound to postpone the issue of process against the
accused and either inquire into the case himself or direct an
investigation to be made by a police officer or by such other person as
he thinks fit for the purpose of deciding whether or not there is
sufficient ground for proceeding.
218 CRI.APPLICATION NO.2395 OF 2007.odt
6 It is, thus, clear that both the Courts below have not
decided to issue process against the present Petitioners / original
Accused so far. It is, thus, quite pre-mature to file an application
under Section 407 of the Code of Criminal Procedure seeking transfer
of the cases when the Magistrate yet to form opinion about issuance
of process against the Petitioners/ Accused. The Petitioners /
Accused are at liberty to file such application for transfer of the cases
in case, both the Courts below issue process against them in the
respective complaints pending before it. With this liberty, the criminal
application stands disposed of. Rule is discharged.
[ V. K. JADHAV, J. ]
ndm
