Srferaj Khalil Pathan v. The State Of Maharashtra And ORS
922-APPLN-474-2024.doc Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.474 OF 2024 Sarfraj Khalil Pathan ...Applicant
Versus
The State of Maharashtra & Ors.
...Respondents
Digitally signed by ARJUN VITTHAL KUDHEKAR Date:
2025.01.29 14:39:12 +0530 ARJUN VITTHAL KUDHEKAR _____________________________________________________________ Mr. Lokesh Zade, for the Applicant.
Mr. S. S. Ghag, APP, for the Respondent - State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.
DATED: 28 JANUARY 2025 P.C.:
1.
Heard Mr. Zade, learned Counsel, who has been appointed by the High Court Legal Services Committee, Mumbai to represent the Applicant.
2.
The present Criminal Application filed under Section 407 of the Code of Criminal Procedure, 1973 seeks transfer of RCC No.972 of 2022 from the file of the Court of learned 2nd Judicial Magistrate First Class, Satara to the file of any other Judge, Satara at Satara. 3.
Mr. Zade, learned Counsel for the Applicant submits that the learned Judge has granted several adjournments to the Respondents i.e. accused and therefore the Application has been filed for transfer. He therefore submitted that the relief sought in the present Application be granted.
922-APPLN-474-2024.doc 4.
However, perusal of the record shows that the same request was made by filing Criminal Misc. Application No.31 of 2024 before the learned Sessions Judge, Satara. By Order dated 1st June 2024, the said Application was dismissed. The learned Sessions Court, while dismissing the Application, has observed that merely time has been sought by some accused and the same has been granted cannot be a ground for transfer. The learned Sessions Court has rightly held that time has been sought and granted on many occasions cannot be a valid ground for transfer a case.
5.
Accordingly, the Criminal Application is dismissed, however, with no order as to costs.
[MADHAV J. JAMDAR, J.]