Disposed

Dr Shaikh Ahemed Khalil Ahemed v. the State of Mah and Anr.

Bombay HC19 Mar 2012APPLN/893/2012

Case brief

AI extract

What is this about?

The High Court addressed a criminal application seeking transfer of multiple domestic violence proceedings from Latur to Osmanabad due to allegations of physical violence. The court rejected the transfer but ordered the respondent to deposit Rs. 1,00,000 for the applicant's police protection during travel. The application was disposed accordingly.

What did the court decide?

Police protection for the applicant during travel provided by SP Latur, subject to deposit of Rs. 1,00,000 by the respondent.

Dr Shaikh Ahemed Khalil Ahemed Vs the State… — Pension and Retirement Benefits | Bombay HC (2012)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

¶3

BENCH AT AURANGABAD

¶4

CRIMINAL APPLICATION NO. 893/2012

¶5

Dr. Shaikh Shakeel Ahemed S/o Khalil Ahemad, Age : 39 years Occu. Govt. Service, R/o Bhayanagar, Osmanabad.

¶6

....Applicant.

¶7

Versus

¶8

1] The State of Maharashtra, through Police Inspector, Police Station, M.I.D.C., Latur & Shivaji Nagar, Latur

¶9

2] Smt. Afrin Parvin W/o Shaikh Shakeel Ahemed, Age : 27 years, Occu. House hold, R/o Behind Maharaja Complex, Barshi Road, Latur.

¶10

...Respondents.

¶11

Mr. Shaikh Hakkani Mohammad Hussain, Advocate for the applicant.

¶12

Mr. N.B. Patil, A.P.P. for the respondent / State. Mr. T.M. Vanjare, Advocate for the respondent No.2.

¶13

CORAM : U.D. SALVI, J.

¶14

DATED : 19^th March, 2012

¶15

ORAL ORDER:-

¶16

Heard. Perused records.

¶17

The applicant Dr. Shaikh Shakeel Ahemed, a medical

¶18

officer, working in Z.P. Hospital at Pohner, District Osmanabad

¶19

¶20

has moved this application, for transfer of the cases namely R.C.C. No. 164/2011, Criminal M.A. No. 99/2011, Criminal M.A. No. 309/2011 and Criminal M.A. No. 518/2011 pending in the Courts at Latur, to the Courts at Aurangabad. According to the applicant, his wife – the respondent No.2 lodged a complaint under section 498-A, 323, 504, 506 read with section 34 of the Indian Penal Code, with M.I.D.C. Latur Police Station, against him and his parents, two married sisters and his two brothers all residing at Aurangabad and a crime at Crime No. 18/2011 under section 498-A, 323, 504, 506 read with section 34 of the Indian Penal Code, 1860 was registered at Latur Police Station, on 14/02/2011, as per a copy of the F.I.R. at Exh. ‘A’ annexed to the application, and on completion of investigation a chargesheet, which was numbered as R.C.C. No. 164/2011 came to be lodged in the court of Judicial Magistrate (First Class), Latur.

¶21

The applicant further submits that the respondent No.2 has instituted a proceeding under section 125 of the Code of Criminal Procedure – Criminal M.A. No. 99/2011 against him in the Court of Judicial Magistrate (First Class), Latur. The applicant further submits that the proceedings under the Protection of Women from Domestic Violence Act, 2005 have also been

¶22

¶23

initiated against him, in the Court of Judicial Magistrate (First Class), Latur, being Criminal M.A. No. 309/2011 and 518/2011.

¶24

It is the case of the applicant / accused that there

¶25

have been instances of physical violence of grievous nature at Latur at the instance of the respondent No.2 and therefore, the aforesaid proceedings need to be transferred as prayed for. These instances have been quoted at para 5 to 11 of the application. In support, he places reliance on the copies of the complaints made by him in that regard, which are found annexed to the application. In response to the notice issued in this application, the State has placed before this Court a set of copies of the papers of investigation carried out in one such crime. It is revealed that Crime No. 18/2012 under section 324, 323, 504 read with section 34 of the Indian Penal Code, was registered with Shivaji nagar Police Station, Latur at the instance of the applicant / accused, against the brother and mother of respondent No.2 and two others. A Perusal of the F.I.R. dated 22/01/2012 lodged by the applicant therein reveals that allegations of physical assault on the applicant and his brother with knife as well as with fist and kick blows in the Court premises were made against the concerned accused. Copies of the medico legal certificates issued by the Government Medical College & Hospital,

¶26

¶27

Latur reveals that the applicant / accused had sustained three simple hurts and one grievous hurt i.e. fracture of the base of II metacarpal bone of left hand, and his brother Shaikh Akil Ahemed had sustained a simple injury on left thigh caused with sharp weapon. According to the learned advocate Mr. Vanjare for the respondent No.2, the facts disclosed in the charge-sheet, are false and fabricated. For the purposes of this application, it is not necessary to go into the merits of the charge-sheet and prima facie disclosure is sufficient. Photo graphs of the applicant in injured condition which are placed on record in support of this application, add weight to the allegations made in this application. All these things vouch for the merits of this application. The applicant / accused is therefore, justified in seeking transfer of the said cases.

¶28

It is revealed that the parents of the applicant are aged persons residing at Aurangabad. It is also revealed that one of his sister is staying at Aurangabad and another married sister is residing at Solapur. A perusal of a copy of the F.I.R. annexed to the application at Exhibit ‘A’ reveals that the parents and other relations of the applicant / accused named therein are residents of Aurangabad. Obviously, it means that they are not the residents of Osmanabad or Latur.

¶29

¶30

The learned advocate, on instructions, submits that the applicant in a proceeding under section 125 of Cr.P.C. and the Protection of Women from Domestic Violence Act, is a pardansin lady and she is ready to deposit Rs.1,00,000/- in this Court for meeting the expenses of Police protection to the applicant to and fro Osmanabad and Latur, if the proceeding under section 125 of Cr.P.C. and the Protection of Women from Domestic Violence Act, 2005, are not transferred outside the jurisdiction of Latur Court.

¶31

He further submits that respondent No.2 shall be given similar protection while attending the proceedings – R.C.C. No. 164/2011, if the said case is to be transferred outside the jurisdiction of Latur.

¶32

Considering the statement made on behalf of the respondent No.2 to make arrangement for Police protection to the applicant herein to and fro Osmanabad Latur, it would be prudent to keep the proceedings under section 125 of Cr.P.C. and the Protection of Women from Domestic Violence Act, 2005 at Latur Court. As regards R.C.C. No. 162/2011, the conduct of it is in the hands of the prosecution and the decision therein would depend largely on the witnesses who had to give evidence in the said

¶33

¶34

proceeding. So far as aged parents, married sisters of the applicant are concerned, they can seek exemption from appearance in R.C.C. No. 164/2011, as well a in the proceedings under the Protection of Women from Domestic Violence Act, 2005 i.e. Criminal M.A. No. 309/2011 and Criminal M.A. No. 518/2011. Hence, the order.

¶35

ORDER

¶36

Subject to the respondent No.2 depositing Rs.1,00,000/- in the Court of Chief Judicial Magistrate, at Latur on or before 16/04/2012, the Superintendent of Police, Latur shall provide police protection to the applicant during the travel to and fro Osmanabad and Latur on the dates of his appearance before Judicial Magistrate (First Class) Court for attending the cases - R.C.C. No. 164/2011, Criminal M.A. No. 99/2011, Criminal M.A. No. 309/2011, Criminal M.A. No. 518/2011, pending in the Courts of Chief Judicial Magistrate and J.M.F.C. Latur.

¶37

The Superintendent of Police, Latur shall be free to get the expenses incurred for giving police protection to the applicant / accused reimbursed from

¶38

¶39

the amount deposited by the respondent No.2, in the Court of Chief Judicial Magistrate, Latur.

¶40

On conclusion of the said proceedings, the

¶41

amount remaining in balance, if any, with Chief Judicial Magistrate, Latur shall be refunded to the respondent No.2.

¶42

Criminal Application No. 893/2012 stands

¶43

disposed off accordingly.

¶44

Interim relief to continue till 16/04/2012.

¶45

( U.D. SALVI, J.)

¶46

ts k/

Dr Shaikh Ahemed Khalil Ahemed v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Dr Shaikh Ahemed Khalil Ahemed v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suryakant Santaram Wankalas Vs Rajendra Vishwanath Bhopale and Anr.

Syed Tanveer S/O Syed Ahmadsab Vs Irshad Begum Devorcee W/O Syed Tanveer and Anr.

Syed Bashir Syed Maheboob Vs the State of Maharashtra

Fulchand Raghunat Pardeshi and Ors. Vs the State of Mah and Anr.

Pandurang Pandit Chavan and Anr. Vs the State of Mah

Raju Sudam Nagargoje and Anr. Vs the State of Mah and Anr.