The court dismissed the prayer for transfer of a criminal case to Ulhasnagar, holding personal presence issues are not grounds for transfer. Instead, it directed an expedited disposal within six months.
No order for transfer; case to be disposed by trial court within six months from receipt of writ.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 3461 OF 2004
Kishanchand Chanchaldas Lund ... Applicant
versus
State of Maharashtra & anr. ... Respondents
Mr. J.S. Chandnani, for the Applicant.
Mr. V.B. Konde Deshmukh, A.P.P., for Respondent
No. 1.
Mr. Rajesh Datar, for Respondent No. 2.
CORAM : A.M.KHANWILKAR,J.
1st November 2004
P.C.:
. Heard Counsel for the parties. I see no
reason to accede to the prayer for transfer of
the case to the Court in Ulhasnagar, merely
because two witnesses are from Ulhasnagar or that
one of the Petitioner is of advanced age.
Insofar as the petitioners who are not in a
position to appear before the trial Court is
concerned, there is sufficient remedy available
to such persons to seek dispensation of their
personal presence at their risk. If it is so,
that cannot be a ground for transfer of the
proceedings. On the other hand, to my mind, the
appropriate course is to direct the trial Court
to expeditiously dispose of the pending criminal
case, which pertains to year 1998. The case be
finally disposed of within six months from the
date of receipt of writ of this Court. Petition
disposed of on the above terms.
(A.M.KHANWILKAR,J.)
1 issue framed by the court
Whether two witnesses from Ulhasnagar or advanced age of petitioner justifies transfer of criminal case to Ulhasnagar Court.
Kishanchand Chanchaldas Lund
State of Maharashtra
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court