Minal Alias Pratibha P. Govind Naik v. Avinash P. Prakashrao Kulkarni And ORS

902-APPLN-38-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.38 OF 2016 MINAL ALIAS PRATIBHA P. GOVIND NAIK )...APPLICANT V/S.

AVINASH P. PRAKASHRAO KULKARNI & ORS.

)...RESPONDENTS Mr.Sanjay Salvi, Advocate for the Applicant.

Mr.Rahul Joshi i/by Mr. V.R.Kasle, Advocate for Respondent No.1. Ms.A.A.Takalkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

12th APRIL, 2017.

P.C. :

This application is for transfer of proceedings from the Court of Chief Judicial Magistrate at Beed to the Court of Chief Judicial Magistrate at Pune.

Heard the learned advocates appearing for both parties as well as the learned APP.

avk 1/2

902-APPLN-38-2016.doc Relevant portion of Rule (2) of Chapter 31 of The Bombay High Court Appellate Side Rules, 1960, relating to presentation of proceedings at the Office of the High Court at Nagpur, Aurangabad and Panaji, Goa, reads thus : "2.

All appeals, applications, references and petitions including petitions for exercise of powers under Articles 226 and 227 of the Constitution arising in the Judicial Districts of Ahmednagar, Aurangabad, Beed, Jalgaon, Jalna, Nanded, Osmanabad, Parbhani and Latur which lie to the High Court at Bombay shall be presented to the Additional Registrar at Aurangabad and shall be disposed of by the Judges sitting at Aurangabad." As this application is arising out of Judicial Districts of Beed, it is obviously not maintainable before the Principal seat of this court.

Hence, the application is rejected.

- (A. M. BADAR, J.) avk 2/2