Nilofar Yusuf Khan v. Mahammad Elias Khan And ORS

(5)APPLNNo.5972016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.597 OF 2016 Nilofar Yusuf Khan ...

Applicant V/s.

Mahammad Elias Khan & Ors.

...

Respondents .....

Mr.Rupesh A. Zade, Advocate for the Applicant. Mr.Yogesh Patil, Advocate for the Respondent Nos.1 to 3. Mrs.M.R.Tidke, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 21st JANUARY 2019.

P.C. :

This is an application under Section 407 of the Code of Criminal Procedure for transfer of Regular Criminal Case No.221 of 2015 pending before the learned Judicial Magistrate First Class, Phaltan to the file of the learned Judicial Magistrate First Class, Baramati.

The only argument advanced before this Court for seeking transfer of a criminal case is to the effect that the FIR dated 06/06/2015 filed by applicant Nilofar Yusuf Khan contains Gaikwad RD 1/2

(5)APPLNNo.5972016.doc serious allegations against the accused and she is under fear that she may be threatened by the accused.

Serious allegations in the FIR is not a ground for transfer of a criminal case. The FIR is filed only when cognizable offence is prima facie demonstrated. So far as threatening is concerned, there is nothing to substantive this bald allegation. The application is devoid of merit and the same is, therefore, rejected.

(A.M.BADAR J.) Gaikwad RD 2/2