Chandrashekhar Gangaram Virkar And Others v. Sayali Sandip Virkar Alias Sayali Sunil Gund

2025:BHC-AUG:33698 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CRIMINAL APPLICATION NO. 1393 OF 2025 CHANDRASHEKHAR GANGARAM VIRKAR AND OTHERS

VERSUS

SAYALI SANDIP VIRKAR ALIAS SAYALI SUNIL GUND .....

Mr S. D. Jayabhar, Advocate for Applicants Mr A. D. Patil, Advocate for Respondent .....

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 3rd DECEMBER 2025 P. C. :

1.

By way of this application filed under Section 447 of the Bharatiya Nyaya Sanhita, 2023, the applicants are praying for transfer of PWDVA No.82/2024, pending before the Court of learned Judicial Magistrate First, Class, Wadgaon Maval, Dist. Pune, filed by respondent/original complainant to the Court of learned Judicial Magistrate First Class, Ahmednagar for further adjudication. The proceedings bearing PWDVA No.82/2024 has been filed by respondent with the Court of learned Judicial Magistrate First Class, Wadgaon Maval, Dist. Pune.

2.

While issuing notice to the respondent on 28/04/2025, this Court had stayed the proceedings of the aforesaid matter by way of an interim order.

(2) 3.

Learned Advocate for the applicants submits that applicant Nos.1 and 2 are old aged parents of Sandeep Virkar, who is a husband of respondent and is not a party to the present application. He further submits that applicant Nos.1 and 2, being senior citizens, the said proceedings be transferred to the Court of learned Judicial Magistrate First class, Ahmednagar. He then submits that the applicants are the residents of Ahmednagar and in view of their old age, it is very difficult to attend the day-to-day proceedings of the Court at Pune, and therefore, the said proceedings be transferred to the learned Judicial Magistrate First Class, Ahmednagar. He further submits that the respondent was originally residing in Ahmednagar, however, she has shifted to Pune and it is quite possible to her to attend the proceedings at Ahmednagar.

4.

Per contra, learned Advocate for respondent vehemently opposes the instant application for transferring the proceedings from Pune to Ahmednagar. According to him, the presence of the applicants is not required so as to attend the day-to-day proceedings at Pune. He further submits that the applicants are also not required to adduce their evidence. He then submits that, if they on their own want to give evidence, they can avail facility of appearing through video

(3) conferencing. Upon instructions, both the learned Advocates for the parties submit that the video conferencing facility is very much available with the Court of Judicial Magistrate First Class, Wadgaon Maval, Pune, through which, if necessary, the applicants can participate in the proceedings from Ahmednagar and the applicants may be permitted to avail the facility of video conferencing. 5.

In view of the above, applicant Nos.1 and 2 are permitted to attend day-to-day proceedings before the learned Judicial Magistrate First Class, Wadgaon Maval, Dist. Pune through video conferencing, which according to learned Advocates for the respective parties, is available with the said Court. They need not to attend the said proceedings physically. With these directions, the present application is disposed of.

[SUSHIL M. GHODESWAR, J.] sjk