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Bombay High CourtAPPLN/182/2021allowed

Siddharth Sabharwal v. The State Of Maharashtra And ANR

2021-12-21Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

Rane 1/2 APPLN-182-2021-SR.30 December 21, 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 182 OF 2021 SIDDHARTH SABHARWAL } APPLICANT V/S.

THE STATE OF MAHARASHTRA AND ANR.

} RESPONDENTS * * * * Mr. Karan Kadam i/by. Mr. Omkar Ghag, Advocate for the applicant.

Mr. A.R. Patil, APP for State-respondent no.1. Mr. Ashish Raghuvanshi, Advocate for respondent no.2. Coram : Sandeep K. Shinde, J.

Tuesday, 21st December, 2021.

P.C. :

1.

It is an application under Section 407 of the Criminal Procedure Code, by which the applicant seeks transfer of proceedings in D.V. Application No.87/DV/2019 from the Court of 62nd Metropolitan Magistrate at Dadar to 7th Family Court at Bandra on the ground that, before the Family Court, the respondent has fled a divorce petition

Rane 2/2 APPLN-182-2021-SR.30 December 21, 2021 seeking dissolution of her marriage. It may be stated that, relief sought in the divorce petition and the application under the Domestic Violence Act, may overlap and in the interest of justice ought to be adjudicated by the same Judicial Offcer to avoid multiplicity of proceedings and contradictory fndings. In that view of the matter, application is allowed in terms of prayer clause (b) and disposed of accordingly.

Digitally signed by NEETA SHAILESH SAWANT Date:

2021.12.22 12:54:23 +0530 NEETA SHAILESH SAWANT (Sandeep K. Shinde, J.)