Gopichand S/O Limbaji Meshram vs Nandkishor Krushnarao Nagpure
2017 Latest Caselaw 9800 Bom

                                        1                                       APPLN75.15.odt


      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.

  ----------------------------------------------------------------------------------------------
            Shri K. S. Motwani, Advocate for the applicant.
            Shri S. K. Bhoyar, Advocate for the non-applicant.
  ----------------------------------------------------------------------------------------------

                      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.

2 APPLN75.15.odt

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.

3 APPLN75.15.odt

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