Kala @ Gopichand Bawankule And Others v. Gopichand S/O Somaji Bawankule

2025:BHC-NAG:7277 1 964.APPLN.93-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPLN) NO. 93 OF 2023 ( Sau. Kala @ Gopichand Bawankule & Ors.

Vs.

Gopichand s/o Somaji Bawankule) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.D. Muley, Advocate for the Applicants.

CORAM: URMILA JOSHI-PHALKE, J.

DATED : 25th JULY, 2025 1.

By preferring this Application, the Applicant No.1/Wife is seeking transfer of Criminal M.A. No.434/2018 pending before the learned 2nd Jt. Civil Judge Junior Division & Judicial Magistrate First Class, Bhandara to the Family Court, Bhandara on the ground that during the pendency of the Application, the Family Court is established at Bhandara and also the case under Section 125 of Cr.P.C. is transferred to the Family Court, Bhandara in view of office order bearing B-30/16/SW/487/2021.

2.

Notice of the said Application though served and the Non-applicant has engaged the Counsel, none is present on behalf of the Non-applicant. Considering the reasons mentioned in the Application that during the pendency of the Application, the Family Court is established and other proceeding between the same parties is also pending before

2 964.APPLN.93-2023.odt the Family Court, Bhandara, and therefore, she is seeking transfer. Considering the reasons which appears to be just and reasonable one, the Application deserves to be allowed. Accordingly, I proceed to pass following order:

O R D E R

i.

The Application is allowed.

ii.

Criminal M.A. No.434/2018 pending before the learned 2nd Jt. Civil Judge Junior Division & Judicial Magistrate First Class, Bhandara is withdrawn from its file and transferred to the file of Family Court, Bhandara.

iii.

The parties to appear before the Family Court, Bhandara on 04.08.2025.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte