Poonam W/O Pravin Shrinath v. The State Of Maharashtra And Another

2025:BHC-AUG:2124 903(A)-Cri-Appln-63-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 903 CRIMINAL APPLICATION NO. 63 OF 2025 POONAM W/O PRAVIN SHRINATH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ....

Mr. A. P. Gunge, Advocate for the Applicant Ms A. S. Deshmukh, APP for the respondent No.1 - State ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : 24.01.2025 PER COURT :- 1.

Heard the learned counsel for the Applicant at length. The learned APP waives for Respondent No.1.

2.

By the present Application, the Applicant / informant prays for transfer of R.C.C. No.255 of 2024 pending on the file of the learned 2nd Joint Judicial Magistrate First Class, Khadki, Pune to the Court of the learned Judicial Magistrate First Class, Aurangabad, for trial and disposal according to the law. 3.

Needless to say that on 23.11.2023, the Applicant / informant lodged a F.I.R. with Pimpri - Chinchwad Police Station

(( 2 )) 903(A)-Cri-Appln-63-2025 alleging that on 25.01.2023, at about 6.00 p.m., when she was alone at her home, at that time, the non-applicant No.2 accused visited at her house and sexually harassed her. On the basis of said report, Crime No.0605 of 2023 registered with Pimpri - Chinchwad Police Station for the offence punishable under Sections 354, 354A of Indian Penal Code. After the investigation is over a charge-sheet came to be filed against non-applicant No.2.

4.

The learned counsel for the Applicant canvased that due to domestic dispute, the Applicant started residing at her parental house at Aurangabad and the trial is pending on the file of the learned Judicial Magistrate First Class, Khadki, Pune. Therefore, to attend the proceeding for the convenient of the Applicant, prayed for transfer of the trial of R.C.C. No.255 of 2024 to the file of the learned J.M.F.C. Aurangabad from the file of the learned J.M.F.C. Khadki, Pune.

5.

Needless to say that, considering the convenience to attend the proceeding by the informant, cannot be the sole ground for transfer of any trial pertaining to any offence which have been registered before the Police Authority within the jurisdiction of

(( 3 )) 903(A)-Cri-Appln-63-2025 specific Court. The learned counsel for the Applicant has not pointed out any provisions of law to show that the informant shifted her residence from one place to another, can be the sole ground to transfer any such trial. Therefore, I do not find any substance in the present application. Hence, the same is dismissed. [ Y. G. KHOBRAGADE, J. ] SMS