The High Court ordered the transfer of multiple pending criminal cases against the petitioner from various courts (Kalyan, Mumbai, Palghar) to the Sessions Court at Thane to consolidate trials, ensuring the accused appears at one venue.
Transfer of pending criminal cases to the Sessions Court at Thane; directions to transfer records immediately.
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VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No. 1079 OF 2008
Sanjay Ambaji Jagtap Petitioner (Through Jail)
Vs.
State of Maharashtra
Respondent
Mr. A. S. Gadkari, APP for the respondent.
CORAM : BILAL NAZKI, & A. A. KUMBHKONI, JJ.
DATE : JULY 21, 2008.
PC :-
imprisonment. He has submitted that he had not been
given copy of remand applications.
. Some cases are being tried at Courts at Kalyan and Thane, one case is in Mumbai and another case is at Palghar. It is submitted that whenever case is listed, the accused is produced before the Court.
the respondent, it appears that in none of these cases so far, the charges have been framed and the trial is yet to commence in all these cases. We are of the view that it will be convenient to the prosecution as well as for the accused, if all these cases are tried at one place. Following cases are pending at Thane before the Sessions Court(i) C.R. No.I-80/2007 (R.C.C. No. 740/2007, (ii) C.R. No. I-63/2007 (Sessions Case No.131/2008), (iii) C.R. No.I-104/2007 (Sessions Case No. 468 of 2007). We order transfer of other cases to Sessions Judge Thane, who may take all these cases for trial in future on one day, so that accused will have to appear once. 4. In view of this we hereby order transfer of following cases to the Sessions Court at Thane ( pending before the Sessions Court at Kalyan)(i) C.R.I-18/2007 (Sessions Case No. 202/2008), (ii) C.R. No. I-22/2007 registered at Boriwali Police Station (Sessions Case No. 43/2007, pending at Addl. Sessions Judge, Dindoshi, Mumbai), (iii) C.R. No.I-26/2007 registered at Kolsewadi, Kalyan Police Station (Sessions Case No.8/2007, pending at
Sessions Court, Kalyan), (iv) C. R. No. 40/2007 registered at Boisar, Thane
Rural Police Station (Sessions Case No. 178/2007 pending before Sessions Court, Palghar.
Jail Thane since long. With these directions, the petition is dismissed.
Sd/[ BILAL NAZKI, J.]
Sd/[ A. A. KUMBHAKONI, J.]
2 issues framed by the court
Whether proceedings in multiple pending criminal cases involving the petitioner should be consolidated at a single venue.
Whether the High Court has jurisdiction to transfer pending criminal cases to a specific Sessions Court for convenience of trial.
Sanjay Ambaji Jagtap
State of Maharashtra
Bilal Nazki
A. A. Kumbhkhoni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
