Bandu S/O. Budhaji Lohare v. State Of Maharashtra Thr. P.S.O. Yawatmal City, Dist. Yawataml And Another

appln73.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPLN) NO.73/2017 Bandu s/o Budhaji Lohare ..vs.. State of Maharashtra through PSO P.S. Yavatmal City, Dist. Yavatmal and anr.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. L. Meshram, Advocate for applicant.

Mr. N. Rao, A.P.P. for non applicant no.1-State. Mr. G. Bhusari, Advocate for non applicant no.2. CORAM : V.M. DESHPANDE, J.

DATED : JANUARY 11, 2018 1.

Heard Mr. L. Meshram, Advocate for applicant, Mr. N. Rao, A.P.P. for non applicant no.1-State and Mr. G. Bhusari, Advocate for non applicant no.2.

2.

By the present application under Section 407 of the Code of Criminal Procedure, the applicant wants to transfer the investigation of Crime No.418/2017 and Criminal Case No.44/2017 filed against him by non applicant no.2 under the provisions of the Domestic Violence Act from Yavatmal to Nagpur on the ground that the applicant has filed a petition for divorce at Nagpur Court. 3.

The offence is registered against the present applicant vide Crime No.418/2017 with Police Station, Yavatmal city on the report lodged by non applicant no.2 who is wife of the applicant. The offences are punishable under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code.

appln73.17.odt 4.

No plausible grounds are raised for transfer of the Crime No.418/2017 from Yavatmal to Nagpur. Merely because it is the wish of the applicant that investigation of an offence which is registered against him should transferred from one place to the other, the same is not sufficient. No case is made out by the applicant. The application is therefore rejected.

JUDGE kahale