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Bombay High CourtAPPLN/3084/2019disposed off

Nilesh S/O. Jaising Narsale And Others v. Kanhopatra W/O. Nilesh Narsale

2021-06-29Hon'Ble Shri Justice R. G. Avachat2 pages

1 909(A)-Cri-Appln-3084-2019.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3084 OF 2019 Nilesh Jaising Narsale and others ... Applicants

Versus

Kanhopatra w/o Nilesh Narsale ... Respondent ....

Mr. M. M. Patil Beedkar, Advocate for the applicants Mr. S. B. Chavan, Advocate for the respondent ....

CORAM : R. G. AVACHAT, J.

DATED : 29th JUNE, 2021 PER COURT :- .

This is an application for transfer of the proceeding i.e. PWDVA No.28 of 2018, pending before the Court of Judicial Magistrate First Class, Naigaon, District Nanded, to the Court of Judicial Magistrate First Class, Parner, District Ahmednagar. 2.

The applicants are the husband and the in-laws of the complainant. The complainant stays within the limit of Nanded District. If the case is transferred to Parner, the complainant will have to travel the distance of 400 kms.

2 909(A)-Cri-Appln-3084-2019.doc 3.

In the fitness of case, it is not desirable to transfer the proceeding as prayed for. The applicant No.1 - husband may lead evidence for himself and for one and all other respondents in the matter. So far as regards his mother is concerned, she may seek exemption from appearance. The Court concerned will consider such request in right perspective.

4.

In view of the above, the application stands disposed of. [ R. G. AVACHAT, J. ] SMS