Bombay High CourtAPPLN/4/2019others disposed off

Premdeep S/O. Nishikant Matlane v. Mrs. Bhavana W/O. Premdeep Matlane

2019-02-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 appln4.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPLN) NO. 04/2019 Premdeep S/o Nishikant Matlane ..VS..

Bhavana W/o Premdeep Matlane - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H. Surve, Advocate for the applicant Shri J. Matale, Adv h/f Shri N.B. Bargat, Advocate for the non-applicant CORAM : Z.A.HAQ, J.

DATED : 28/02/2019 This application under Section 407 of the Code of Criminal Procedure is filed by the husband, praying that Petition No. PE - 143/2015 pending before the Family Court, Akola be transferred to any competent Court at any place other than Akola. According to the applicant (husband), he is resident of Aurangabad and taking advantage of the fact that the applicant has to travel a lot to attend the proceedings at Akola, the non-applicant (wife) is protracting the matter. The learned advocate for the non-applicant (wife) has opposed the application assuring co-operation for expeditious disposal of the proceedings.

Today, I have decided Criminal Revision Application (REVN) No. 133/2016, Writ Petition No. 1119/2019 and Criminal Writ Petition No. 728/2017 and have issued directions for expeditious disposal of the proceedings.

2 appln4.19 The learned advocate for the applicant has submitted that in view of the directions given by this Court for expeditious disposal of the proceedings and relying on the assurance given on behalf of the non-applicant (wife) regarding co-operation for expeditious disposal of the proceedings, this application is not pressed, however, liberty is sought to reiterate the request again, if required. The criminal application is disposed as withdrawn with liberty to the applicant to reiterate his request for transfer of the proceedings after 6 months, if the trial does not make substantive progress.

JUDGE Ansari