Kavita W/O Lileshwar Ghodmare v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.25 OF 2015 Kavita w/o. Lileshwar Ghodmare, Age 30 years, occ. Household, R/o. Kasliwal Classic, Flat No.A-1/4, Tapadiya Nagar, Shahanurwadi, Aurangabad ..Applicant

Versus

1] The State of Maharashtra, Through the Superintendent of Police, Wardha 2] The Police Station Officer, Hinganghat Police Station, Hinganghat, Dist. Wardha, 3] Sunil @ Lileshwar s/o.

Narayanrao Ghodmare, Age 34 years, occ. Service, r/o. At Near Kalode Mangal Karyalaya, Hinganghat, Tq. Hinganghat, Dist. Wardha ..Respondent -- Mr.Hemant Surve, advocate for applicant Mr.P.N.Muley, APP for respondent nos.1 and 2 Mr.M.K.Bhosale, advocate for respondent no.3 -- CORAM : M.T. JOSHI, J.

DATE : OCTOBER 06, 2015

2 35-crappln25-15.odt PER COURT :

Heard both sides.

2] Affidavit-in-reply filed on behalf of respondent no.3 is accepted on record and marked as "X" for the purpose of identification.

3] Hearing from both sides would show that half of the witnesses are from Aurangabad and half of the witnesses are from Hinganghat, Dist. Wardha. Further, the charge is already framed.

4] In the circumstances, looking to the convenience of present applicant i.e. wife of respondent no.3/accused, present Criminal Application for transfer of proceedings, is hereby allowed. Regular Criminal Case No.307/2012, presently pending on the file of learned Judicial Magistrate F.C. at Hinganghat, is transferred to the Court of equivalence at Aurangabad i.e. the

3 35-crappln25-15.odt Court of the Chief Judicial Magistrate at Aurangabad.

5] On transfer of the proceedings, learned Chief Judicial Magistrate, Aurangabad, shall allot the same to the court of concerned learned Judicial Magistrate F.C. Aurangabad.

6] Parties are directed to appear before learned Chief Judicial Magistrate, Aurangabad, on 26th November, 2015.

7] Learned Judicial Magistrate F.C., Aurangabad, to whom the proceedings would be allotted, would be sympathetic to present respondent no.3/accused in case, application for exemption of personal attendance, is filed.

8] Present application stands disposed of accordingly.

[M.T. JOSHI, J.] kbp