Sau. Smita W/O Badrinarayan Arbad vs Badrinarayan S/O Nagorao Arbad ...
2017 Latest Caselaw 4404 Bom

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

             CRIMINAL APPLICATION (APPLN) NO.74/2015

       Sau. Smit w/o Badrinarayan Arbad,
       age 33 years, Occ. Nil, r/o c/o Satyajit
       Balasaheb Jawale, "Saidham Society",
       House No.5, New Saidham Raod,
       Latur, Tq. Latur, Dist. Latur.           .....APPLICANT
                          ...V E R S U S...

 1. Badrinarayan s/o Nagorao Arbad,
    aged 40 years, Occ. Judicial Service,
    Permanent r/o village Vita (Bk.),
    Tq. Pathri, Dist. Parbhani, 
    Presently at Cooperative Court, 
    Alibagh, 2nd Floor, Prathamik Shikshak 
    Pathsanstha Complex, Bramhan Galli,
    Opp. Bus Stand, Alibag, Tq. Alibag,
    Dist. Raigad.

 2. Nagorao Amrutrao Arbad,
    aged 62 years, Occ. Agri. 

 3. Sau. Subhadra w/o Nagorao Arbad,
    aged 54 years, Occ. Housewife. 

 4. Narayanrao s/o Amrutrao Arbad,
    aged 54 years, Occ. Agri. 

 5. Sau. Lata w/o narayanrao Arbad,
    aged 50 years, Occ. Household. 

 6. Kisanrao s/o Amrutrao Arbad
    aged 50 years, Occ. Agri.  

 7. Kamal w/o Kisanrao Arbad,
    aged 58 years, Occ. Agri. 

 8. Shankar s/o Nagorao Arbad,
    aged 35 years, Occ. Practicing Advocate




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      r/o Nos. 2 to 8 r/o village Vita (Bk.)
      Tq. Pathri, Dist. Parbhani.

 9. Sita w/o Balasaheb Dhudhate,
    age 37 years, Occ. Household,
    r/o Deulgaon Dhudhate, Tq. Puran,
    Dist. Parbhani.

 10. Shivraj s/o Narayanrao Arbad,
      aged 28 yars, Occ. Nil, 
      r/o Vita (Bk.) Tq. Pathri,
      Dist. Parbhani.                                         ...NON APPLICANTS
 -------------------------------------------------------------------------------------------
 Mr. R. B. Dhore, Advocate for applicant. 
 Mr. R. N. Ghuge, Advocate for non applicants.
 -------------------------------------------------------------------------------------------
                               CORAM:- V. M. DESHPANDE, J.

DATED :- 12.07.2017

ORAL JUDGMENT

1. Rule. Rule returnable forthwith. Heard finally by

consent of the parties.

2. By the present proceeding under Section 407 of the

Cr.P.C. the applicant-wife is seeking transfer of Regular Criminal

Case No. 330/2013 pending on the file of Judicial Magistrate First

Class, Akola to the file of Judicial Magistrate First Class, Latur.

The regular criminal case arises out of the FIR

registered with Police Station, Ramdaspeth, Akola Vide CR No.

96/2012 for an offence under Section 498A, 323, 504, 506 read

with Section 34 of the IPC.

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3. Mr. Dhore, the learned counsel for the applicant

submits that the transfer of case is necessary in view of the fact

that the applicant is resident of Latur and after matrimonial

discord between her and non applicant no.1, she is residing

separately from the non applicant no.1. He also invited my

attention to the judgment and order passed by this Court on

08.01.2014 in Misc. Criminal Appeal No.1/2013 by which this

Court transferred the divorce petition between the applicant and

non applicant no.1 bearing No. A-76/2012 from the file of Family

Court, Akola to the file of Civil Judge Senior Division, Latur.

4. The application is opposed by Mr. Rahul Ghuge,

learned counsel for the non applicants. He submits that the

application as filed by the applicant before this Court lacks

parameters which are required for consideration of the application

under Section 407 of the Cr. P. C.

5. It is not in dispute that the applicant is not residing at

Akola. She is residing at Latur which is her parental place. The

divorce proceedings are already transferred from Akola to Latur.

Non applicant no.1 is also not permanent resident of Akola. His

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abode shifts in view of his employment. Mr. Ghuge submits that

presently the non applicant no.1 is discharging his duties at

Osmanabad.

6. In view of the peculiar fact that the applicant and non

applicants are not permanent residents of Akola and other

proceedings are already transferred from Akola to Latur and non

applicant no.1 is discharging his duties at Osmanabad, no

prejudice will be caused to any of the non applicants if the

proceedings are transferred from the file of Judicial Magistrate

First Class, Akola to file of Judicial Magistrate First Class, Latur.

7. In view of above, the application is allowed. Regular

Criminal Case No.330/2013 pending on the file of Judicial

Magistrate First Class, Akola stands transferred to the file of Chief

Judicial Magistrate, Latur. After being so transferred, it shall be

upon the Chief Judicial Magistrate, Latur either to try and dispose

of or to allot the same to any other Judicial Magistrate First Class.

Rule is made absolute in the above terms. No order as

to costs.

JUDGE

kahale