In Criminal Application No. 2481 of 2013, the court addressed a challenge to the maintainability of an application seeking transfer of criminal proceedings. The applicant was permitted to withdraw the application before the Sessions Judge.
Application allowed to be withdrawn and stands dismissed.
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.
crapln2481.13
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
_____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders |
CRIMINAL APPLICATION NO.2481 OF 2013
ARJUN VITHAL GHAGARE AND OTHERS
VERSUS
PALLAVI UMESH GHAGARE
Advocate for Applicants : Mr.Karkare S.D. APP for Respondent State: Mr.P.N. Muley. Advocate for Respondent 1 : Mr. Salunke Sudarshan J.
CORAM : ABHAY M. THIPSAY, J. Dated: October 24, 2013
P.C.:
Heard Mr. Karkare, learned Counsel for the applicants and Mr. Salunke, learned Counsel for respondent No.1.
2 Mr. Salunke, learned Counsel for respondent No.1 challenges the maintainability of the present application on the ground that it is in violation of the proviso to sub-section (2) of section 407 of the
crapln2481.13
2
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
_____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders |
Code of Criminal Procedure.
3 Admittedly, the transfer is from one criminal Court to another criminal Court in same Sessions Division. Admittedly, no application for transfer had been made before the concerned Sessions Judge.
4 In view of this, the learned Counsel for the applicants seeks permission to withdraw the present application stating that an appropriate application shall be made before the Sessions Judge. Needless to say that he shall be at liberty to do so.
Application is allowed to be withdrawn and stands dismissed, as such.
(ABHAY M. THIPSAY, J.)
PLK/*
1 issue framed by the court
Whether the present application challenging the transfer of trial is maintainable under section 407(2) CrPC.
1 provisions across 1 enactments
Arjun Vithal Ghagare and Others
Pallavi Umesh Ghagare
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
