Aarti Tatyaba Sawant v. Madhuri Ravindra Salunke And ANR

32-appln-77-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.77 OF 2022 Aarti Tatyaba Sawant ...Applicant vs.

Madhuri Ravindra Salunke and Others

...Respondents

Mr. Mehul Hartalkar, for the Applicant.

Mr. A.R. Patil, APP for the State.

VISHAL SUBHASH PAREKAR CORAM :

N. J. JAMADAR, J.

DATE :

APRIL 27, 2022 VISHAL SUBHASH PAREKAR Date: 2022.04.29 10:26:50 +0530 P.C.:

1.

Leave to amend.

2.

Necessary amendment be carried out forthwith. 3.

Heard the learned counsel for the applicant and learned APP for the State.

4.

The applicant/first informant, in R.C.C. No. 92 of 2020 pending on the file of learned JMFC, Patan, Dist. Satara seeks transfer of the said case to the Court of learned Magistrate at Thane.

5.

In the application certain allegations are made against respondent Nos. 1 to 8 who are the accused in the said case. From the perusal of the report filed under section 173 of the Code of Criminal Procedure, it becomes evident that respondents/accused are being prosecuted for the offences punishable under sections Vishal Parekar, P.A.

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32-appln-77-2022.doc 143, 323, 504, 506 of the Indian Penal Code, 1860. All the respondents/accused appear to be residents of Tal. Patan. The witnesses cited by the prosecution, also appear to be the residents of Patan.

6.

In the aforesaid fact situation, it would result in grave prejudice and inconvenience to the accused and witnesses if the proceedings are transferred from Patan to Thane. Instead the concern of the applicant/first informant can be taken care of by directing the Sr. P.I., Umbraj police station to provide adequate security to the applicant/first informant whenever she is required to appear before the learned JMFC, Patan in RCC No. 92 of 2021. 7.

The Sr. P.I., Umbraj Police Station is directed to provide adequate security to the applicant/first informant whenever she is required to attend the proceeding in RCC No. 92 of 2021 pending on the file of learned JMFC, Patan and ensure that she is able to prosecute the said proceeding without being influenced by the accused in any manner.

8.

All concerned shall act on an authenticated copy of this order. (N. J. JAMADAR, J.) Vishal Parekar, P.A.

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