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Bombay High CourtWP/203/2018rule absolute

Rahul S/O. Ratnakar Gaikwad v. Asawari W/O. Rahul Gaikwad

2025-10-07Hon'Ble Shri Justice Sushil M. Ghodeswar2 pages

2025:BHC-AUG:28238 1 of 2 920-WP.203.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CRIMINAL WRIT PETITION NO. 203 OF 2018 RAHUL S/O. RATNAKAR GAIKWAD

VERSUS

ASAWARI W/O. RAHUL GAIKWAD ...

Mr. Yuvraj S. Choudhari, Advocate for the Petitioner. Mr. V. N. Shinde h/f. Mr. Ameet R. Vaidya, Advocate for Respondent. ...

CORAM :

SUSHIL M. GHODESWAR, J.

DATE :

7th OCTOBER, 2025 P.C.:- 1.

Rule. Rule made returnable forthwith. By consent of the parties, heard finally.

2.

Learned Advocate for the Petitioner is praying for transfer of Miscellaneous Criminal Case No.106 of 2015 filed under the provisions of Protection of Women from Domestic Violence Act, pending before the learned J.M.F.C. Telhara to the Court of learned J.MF.C. Sangamner. The Petitioner further seeks transfer of proceedings filed by the Respondent herein bearing Miscellaneous Criminal Case No.485 of 2015 filed under Section 125 of the Code of Criminal Procedure pending before the learned J.M.F.C. Telhara to the Court of learned J.M.F.C. Sangamner.

3.

During the course of hearing, learned Advocate for

2 of 2 920-WP.203.2018 Respondent obtained instructions from Respondent, as to whether she is willing for transfer of both the proceedings from Telhara to Sangamner. However, after obtaining instructions, learned Advocate for the Respondent made statement that Respondent is willing to transfer the matters to Sangamner itself.

4.

In view of the statement made, the prayer in terms of clause (b) of the petition stands allowed. The said prayer reads thus:- "B.

The Misc. Criminal Case No. 106/2015 filed under the provisions of Section 12, 18, 19, 20, 22 and 23 pending before the file of learned Judicial Magistrate First Class, Telhara, may kindly be transferred to the file of Judicial Magistrate First Class, Sangamner and proceeding filed by respondent bearing Misc. Criminal Case No. 485/2015 filed U/s 125 of the Code of Criminal Procedure pending before the learned Judicial Magistrate First Class, Telhara may kindly be transferred to learned Judicial Magistrate First Class at Sangamner." 5.

Rule is made absolute in the above terms. The petition is accordingly disposed of.

(SUSHIL M. GHODESWAR, J.) Tauseef