High Court transferred criminal proceedings from JMFC Phaltan to CJM Pune in domestic dispute case considering husband's residence and convenience. Appellant alleged safety threat after matrimonial discarding.
Proceedings transferred from JMFC Phaltan to CJM Pune; Criminal Miscellaneous Application No.65 of 2011 disposed off.
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vrd 1 APPLN39/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.39 OF 2013
Rupali P. Jagtap ...Applicant
v/s
Pravinkumar S. Jagtap and ors. ...Respondents
Mr Abhaykumar Apte for Applicant.
Ms Mallika Ingale i/b M/s B.K. Barve and Co. for
Respondent Nos.1 to 7.
Ms V.S. Mhaispurkar, APP for Respondent No.8.
CORAM : K.U. CHANDIWAL J.
DATED : 3RD JULY 2013.
P.C.:-
1.Heard. Smt Rupali married to Pravinkumar
and the couple is blessed with male child.
Matrimonial discard led to initiation of
prosecution vide R.C.C. No.72 of 2008 arising out
of C.R. No.306 of 2007 of Phaltan Police Station,
on the file of the learned JMFC, Phaltan, District
Satara. The matter is ripe for hearing.
2.The grounds assigned by the applicant wife
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for transfer are that she has shifted to her
parents at Pune and has a threat perspective. The
same is disputed on behalf of the respondent
accused.
3.The fact remains that convenience of the
wife as also of the husband equally needs to be
taken note of. It has transpired that the
respondent – Pravinkumar is working at Mumbai,
stays at Mumbai and therefore it will be convenient
for him to travel from Mumbai to Pune than Phaltan.
Care can be taken for other respondents. Hence
order.
4.The proceedings are transferred from the
Court of learned JMFC, Phaltan, District Satara to
the learned Chief Judicial Magistrate, Pune who
will either try himself or assign it to any other
Judge. If exemption applications are moved by Smt
Parvati Sadashiv Jagtap, Shri Sadashiv Pilaji
Jagtap, Smt Manisha Baba Bhosale, the learned Judge
to entertain such exemption applications till their
effective participation is not warranted. The
vrd 3 APPLN39/13
learned CJM shall issue notice to both the parties
about next date. Criminal application is allowed
to the extent above. Criminal Miscellaneous
Application No.65 of 2011 is disposed off.
( K.U. CHANDIWAL J.)
2 issues framed by the court
Whether Criminal Application No.39 of 2013 regarding transfer of proceedings should be allowed on grounds of convenience and safety?
Whether exemption applications from other parties should be entertained pending effective participation?
Rupali P. Jagtap
Pravinkumar S. Jagtap
K.U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court