Bombay High CourtAPPLN/80/2018dismissed

Smt. Ashwini W/O. Mahesh Waghmare v. Nanakram Bhakhatmal Sattani Prop. Om Sai Gift Collection,

2018-11-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 appln80.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPLN) NO. 80/2018 Smt. Ashwini W/o. Mahesh Waghmare ..VS..

Shri Nanakram Bhakhatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.K. Waghmare, Advocate for the applicant CORAM : Z.A.HAQ, J.

DATED : 22/11/2018 Heard.

By this application filed under Section 407 of the Code of Criminal Procedure read with Articles 226 and 227 of the Constitution of India, the applicant seeks transfer of the proceedings from the file of 8th Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Wardha to any other Court of Judicial Magistrate First Class in the same district. The same grievance was made by the applicant before the Sessions Court by filing O.M.C.A. No. 47/2017 which is dismissed on 01/08/2018. The learned Sessions Judge has examined the matter and has recorded that the allegations of bias levelled by the applicant against the Presiding Officer are not borne out from the record.

The contention of the applicant is that the learned Magistrate has committed some illegality/irregularity by not exhibiting a document (cheque) and marked it as Article-A, however, subsequently same document was referred in the

2 appln80.18 cross-examination of the applicant and it was permitted to be referred. This contention cannot be basis for transfer of the proceedings as sought by the applicant. Of course, the applicant would be at liberty to challenge the order passed by the learned Magistrate refusing to exhibit the concerned document.

In view of the above, I see no reason to grant the prayer made in this application.

The application is dismissed. No costs.

JUDGE Ansari