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Bombay High CourtAPPLN/6802/2015disposed off

Dr. Deepak S/O Maruti Survase And ORS v. The State Of Maharashtra And ANR

2016-02-12Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Kum. Justice I.K. Jain2 pages

crap6802.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 6802 OF 2015 Dr. Deepak s/o Maruti Survase and ors.

...Applicants

VERSUS

The State of Maharashtra & anr.

...Respondents

.....

Shri R.K.Temkar, advocate for applicants Smt. A.V.Gondhalekar, A.P.P. for respondent no.1/State Shri O.A.Bhadgaonkar, advocate for respondent no.2 .....

CORAM : A.V.NIRGUDE AND INDIRA K.JAIN, JJ.

DATED : 12th February, 2016 O R D E R :

1] Heard.

2] Perused the complaint, dated 10.11.2014. All the allegations made in the complaint are about incident that took place at Ahmednagar and yet Dhule City police station registered offence under Sections 498-A,323, 504, 506 r/w 34 of the Indian Penal Code. The complaint was not maintainable before Dhule City police station. 3] We are told that pursuant to the complaint charge sheet is filed before the court of Judicial Magistrate, First Class, Dhule. We are, therefore, inclined to utilize our powers under Section 408 of the Criminal Procedure Code.

crap6802.15 4] We direct that R.C.C. No. 14 of 2015 pending before the Judicial Magistrate, First Class, Dhule shall stand transferred to the Chief Judicial Magistrate, Ahmednagar, with a direction to assign it to proper court. The applicants are at liberty to make application seeking discharge. Application stands disposed of. [INDIRA K.JAIN, J.] [A.V.NIRGUDE, J.] dbm/crap6802.15