Mohinee W/O Prashant Patil And Another v. Prashant Sudhakar Patil @ Devashish Sudhakar Patil

2024:BHC-AUG:26189 ( 1 ) 15 cri appln 3548.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CRIMINAL APPLICATION NO. 3548 OF 2023 MOHINEE W/O PRASHANT PATIL AND ANOTHER

VERSUS

PRASHANT SUDHAKAR PATIL @ DEVASHISH SUDHAKAR PATIL .....

Advocate for Applicant : Mr. Jethliya Dhiraj R. Advocate for Respondents : Mr. Ingle Akash Ramkrishna .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

21.10.2024 P.C.:- 1.

Advocate Mr. Akash Ingle the learned counsel who was appearing for Respondent Nos.3 to 5 has filed pursis dated 21.10.2024 and contended that on 08.03.2024 he has issued the notice through RPAD and shown intention to withdraw the Vakalatnama on behalf of Respondent Nos.3 to 5. The Respondent Nos.3 to 5 are duly served but they have not given instructions, therefore, he wants to withdraw the Vakalatnama on behalf of Respondent Nos.3 to 5. Accordingly, advocate Mr. Akash Ingle is permitted to withdraw the Vakalatnama on behalf of Respondent Nos.3 to 5. 2.

Having regard to the submissions canvassed on behalf of the Applicants, I have gone through the record. Needless to say that the present Applicants approached this Court under Section 482 of the Cr.P.C. and prayed

( 2 ) 15 cri appln 3548.23 for transfer of proceedings i.e. RCC No.58/2017 u/s. 498-A, 323, 504, 506 read with Section 34 of the I.P.C. and RCC No.134/2022 u/s. 494, 120, 465, 468, 420 read with Section 34 of the I.P.C. from the file of JMFC, Bhusawal, Dist. Jalgaon to JMFC, Pimpri, Dist. Pune.

3.

The learned counsel appearing for the Applicants submits that the proceeding PWDV Application No.36/2017 and Cri. Misc. Application No.132/2017 are already disposed of during the pendency of present application on 19.12.2023, however, other two proceedings i.e. RCC No.58/2017 and RCC No.134/2022 are pending on the file of the learned JMFC, Bhusawal and as such the Applicant Nos.1 and 2 are residing at Pune within the jurisdiction of Pimpri, Dist. Pune. Hence prayed for transfer of both these proceedings.

4.

Though, all the Respondents are served. They have failed to appear in the matter. Nonetheless though the Respondent Nos.3 to 5 duly appeared in the matter through their counsel but today advocate Mr. Ingle has withdrawn his appearance on behalf of Respondent Nos.3 to 5. Therefore, as on today there is no objection for transfer of said proceedings to the file of JMFC, Pimpri from the file of JMFC, Bhusawal. Accordingly, the application is allowed in terms of prayer clause-C and D.

[Y.G. KHOBRAGADE, J.] mub