Payal Hemant Bharati Wife Of Hemant Ashok B Harati v. The State Of Maharashtra And ORS

25.appln164.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIIMINAL APPLICATION NO.164 OF 2015 Payal Hemant Bharati ...Applicant V/s.

The State of Maharashtra & Ors.

...Respondents

....

Mr. Karnik Patel for the Applicant.

Mr.

Deepak Thakre, APP, for the Respondent-State. ....

CORAM: ABHAY.M. THIPSAY, J.

DATED: 27th APRIL, 2015.

P.C.

1] Heard the learned counsel for the applicant.

2] The applicant is the first informant in Regular Criminal Case No.799/2011 pending before Judicial Magistrate First Class, Pune. By this application, under section 407 of the Code of Criminal Procedure, she prays that the said case be transferred to the Court of the Judicial Magistrate First Class, Katol, District Nagpur.

3] The only reason, that is given in support of the transfer application, is that it would be convenient for the applicant to attend the Court of the Magistrate at Nagpur. 1/3

25.appln164.15 4] The respondent Nos.2 to 7 are the accused in the case. The respondent Nos.2 to 5 are residents of Pune and the respondent Nos.6 and 7 are the residents of Amravati. 5] On the face of it, it does not appear that the transfer would be convenient to the respondents. It is possible that it would be convenient for the applicant, but solely on the ground that the transfer cannot be ordered irrespective of taking into consideration the convenience of the respondents. Moreover, the applicant is not required to remain present during the trial of the case throughout. She would be required to remain present only when her evidence is to be recorded.

6] After taking into consideration all the aspects of the matter, I am not inclined to allow the transfer. 7] The application is rejected.

(ABHAY M. THIPSAY, J.) sbw 2/3