Amit S/O Prakash Mahale And Others vs The State Of Maharashtra, Through ...
2016 Latest Caselaw 5832 Bom

                                                                                 
    Appln. No.79/2015                              1




                                                         
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                          CRIMINAL APPLICATION NO.79 OF 2015




                                                        
    Applicants               :    1] Amit s/o Prakash Mahale,
                                     Age 28 years, Occupation : Service,
                                     R/o Kolhe-Wadi, Khadakwasla, 
                                     Vighnaharta Heights, Plot No.6, 




                                             
                                     Near Das Agro Kolhewadi, Pune.
                              
                                  2] Prakash s/o Devichand Mahale,
                                     Age 56 years, Occupation : Service.
                             
                                  3] Sau. Pramila w/o Prakash Mahale,
                                     Age 53 years, Occupation : Household work.
                                    Nos. 2 & 3 r/o Hanuman Nagar, Malkapur, 
                                    District Buldana.
      


                                  4] Sau. Ujwala w/o Satish Khodke,
   



                                     Age 30 years, Occupation : Household,
                                     R/o Bhadgani, Tq. Malkapur, Distt. Buldana.

                                  5] Sau. Harsha w/o Madan Lanjulkar,





                                     Age 35 years, Occupation : Service,
                                     R/o Garkheda, Aurangabad, Distt. Aurangabad.

                                    -- Versus --

    Non-Applicants           :    1] The State of Maharashtra, 





                                     through P.S.O. Khamgaon (City),
                                     District Buldana.

                              2] Sau. Archana w/o Amit Mahale, 
                                 Age 28 years, Occupation : Household,
                                 C/o Samadhan Wasudeo Lande,
                                 R/o Sant Sakharam Nagar, Wadi, Khamgaon, 
                                 Distt. Buldana.
               =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                     Shri A.J. Thakkar, Advocate for the Applicants.
                Shri S.D. Sirpurkar, A.P.P. for Non-Applicant No.1/State.
                  Shri A.R. Tichkule, Advocate for Non-Applicant No.2.


     ::: Uploaded on - 06/10/2016                        ::: Downloaded on - 07/10/2016 00:39:44 :::
                                                                                     
    Appln. No.79/2015                              2




                                                            
                              C ORAM :  S. B. SHUKRE, J.

                              DATE     :  3
                                               OCTOBER, 2016.
                                            rd




    ORAL JUDGMENT :- 




                                                           
                     Heard.  Admit.




                                              
    02]              Heard finally by consent of the learned Counsel for the parties.


    03]
                              

By this application, transfer of Regular Criminal Case

No.130/2015 pending on the file of Judicial Magistrate First Class, Court

No.1, Khamgaon to the Court of Judicial Magistrate First Class, Pune, is

sought.

04] However, on going through the written report dated

09/03/2015, prima facie, I find that part of the cruelty is also alleged to have

taken place at Khamgaon. Therefore, both the Courts at Pune and Khamgaon

would have the territorial jurisdiction to try the case. Thus, I see no illegality

in filing of the charge-sheet before the Khamgaon Court. The wife is presently

residing in her parental house at Khamgaon. Khamgaon appears to be a

convenient place for her. Therefore, I am not inclined to grant this

application.

The application is rejected.

JUDGE *sdw

C E R T I F I C A T E

I certify that this judgment uploaded is a true and

correct copy of the original signed judgment.

Uploaded by: S.D. Waghmare Uploaded on : 06/10/2016

P.A. to the Hon'ble Judge.