Umakant Govind Parab v. M/S Karishma Builders And ORS.

1 8.206.18 appln.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 206 OF 2018 Umakant Govind Parab .....Applicant V/s.

M/s. Karishma Builders and others .....Respondents Ms. Swapna P. Kode for the applicant Mr. Prakash U. Sutar for respondent nos. 2 & 3 Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 20, 2019.

P.C.

Heard Ms. Kode for applicant and Mr. Sutar for respondent. Application for transfer is moved under Section 407 of Code of Criminal Procedure, 1973 on the ground that applicant received threats from respondent accused persons and respondent accused are not honouring orders of the Consumer Forum. The ground of adverse health condition of the applicant is also

2 8.206.18 appln.doc sought to be pressed in service.

As far as the issue of adverse health or threat perception to the applicant is concerned, same cannot be considered as a reasonable ground for invoking provisions of Section 407 of Code of Criminal Procedure, 1973.

It is informed by learned counsel for respondent that these proceedings are pending before National Consumer Commission. Be that as it may, in the facts and circumstances of the case, no case for transfer is made out. Application fails, stands rejected. Learned counsel who is appointed for applicant be paid appropriate professional fees and expenses as per Schedule. [NITIN W. SAMBRE, J.]