Jaishri Pralhad Shinde v. The State Of Maharashtra And Others

G.A.Ghule [P.A.] 1/2 cri.appln. 5658.15..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

Criminal Application No. 5658 Of 2014.

Jaishri Pralhad Shinde.

Age : 25 Years., Occ.: Education.

R/o.: Room No.14, Applicant.

Girls Hostel No.3, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad.

Versus.

(1) The State of Maharashtra.

Through : Police Station, Jafrabad, Dist. Jalna.

(2) Varsha Pralhad Shinde.

Age : 33 Years., Occ.: Business.

R.o.: Panchayat Samiti Colony.

R/o.: Jafrabad, Non-Applicants.

Dist. Jalna.

(3) Suresh Trambak Diwate.

Age : 45 Years., Occ.: Business.

R/o.: Behind Modern English School, Barad Bhaga, At Post.

Jafrabad, Dist. Jalna.

Appearance => Mr. Pawan Pawar, Advocate for the Applicant.

Mr. A.S. Shinde, Additional Public Prosecutor for the State of Maharashtra / Respondent No.1.

Mr. R.R. Deshmukh, Advocate h/for Mr. R.B. Deshmukh, Advocate for Non-Applicant Nos. 2 & 3.

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CORAM

:

V.M. Deshpande, J.

DATE :

30th March, 2015.

Per Court :- By filing present Application, the applicant prays that, Regular Criminal Case No.49 Of 2012 pending on the file of the Judicial Magistrate, First Class, Jarfrabad, District - Jalna be transferred on the file of the Judicial Magistrate, First Class, Aurangabad, for disposal according to law.

[2] Heard Mr. Pawan Pawar, learned counsel for the Applicant and Mr. R.R. Deshmukh, Advocate h/for Mr. R.B. Deshmukh, learned counsel for Non-Applicant Nos. 2 and 3.

[3] Reasons cited for transfer of Regular Criminal Case No.49 Of 2012 is that Respondent No.3 is influential person and the applicant is pursuing study and residing at Aurangabad. [4] Application is opposed by filing affidavit in reply. At page No. 28 of the compilation, deposition of Jayashree Pralhadrao Shinde is recorded by the learned Judicial Magistrate, First Class, Jafrabad on 29th September, 2013 and 21st October, 2013. Her evidence is already completed. Since her evidence is already over, her presence in the said case at Jafrabad is not necessary. In that view of the matter, Criminal Application is dismissed.

(V.M. DESHPANDE, J.)