The court transferred three pending criminal cases from Pune to Satara under Section 407 CrPC, relying on evidence that all parties and children reside in Satara.
Transferred C.M.A. No.1306 of 2012, Petition No.E.159 of 2012, and Criminal Appeal No.258 of 2013 from Pune courts to Satara courts.
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.
1 APPLN 659 OF 2013
vks
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.659 OF 2013
Asif Babalal Shaikh and others .. Applicants. V/s. The State of Maharashtra .. Respondent.
Mr. S. R. More i/by Mr. Vishwanath S. Talkute, for the Applicant.
None for respondents.
Smt. A. A. Mane, APP for the respondent State.
CORAM : MRS. MRIDULA BHATKAR, J.
DATE : 24th July, 2014
P.C.
This application is moved under
Section 407 of the Code of Criminal Procedure
for transfer of three Criminal Cases pending
in Pune court to appropriate Court at Satara, on the ground that the applicants and the respondents are residing at Satara.
Page No.1 of 4
1 APPLN 659 OF 2013
applicant No.1 has filed Misc. Criminal Application No.1306 of 2012 under Domestic Violence Act and the same is pending in the Court of J.M.F.C. Pune. Respondent No.1 wife
has also filed Misc. Criminal Petition bearing No.E.159 of 2012, for maintenance against applicant and the same is pending in the Court of J.M.F.C.Pune. One Criminal Appeal No.258 of 2013 is also pending before the Sessions Court,Pune. The learned counsel for the applicants has submitted that all these matters are to be transferred to appropriate
Court at Satara. He submitted that the applicants and respondents are at present residing at Satara. He further submitted that
the children are studying in different school at Satara. In support of his contentions, he has produced bonafide certificate dated 10.7.2014,in respect of Shaikh Shahista Asif, issued by Jankibai Premsukh Zanvar Marathi School, Satara. The applicant has also
Page No.2 of 4
1 APPLN 659 OF 2013
produced bonafide certificate of the Principal
of Iqra English Medium School, Satara in respect of Mujammil Asif Shaikh. So also Bonafide certificate dated 10.7.2014, issued by Head Mistress, Kanya School, Satara, in respect of Ms. Alia Asif Shaikh.
Inspector Statara Shahar Police Station has submitted a report dated 24.2.2014 to Deputy Registrar, Criminal Branch, High Court, informing that notice is served on Shakeela. Respondent No.1 at his resident No.1 at her residence “B-104, Navnit Apartment, 398, Gurwar Peth, Behind Kamani Haud, Satara”. In
addition to this, the learned counsel for the applicant has also filed affidavit of service.
Page No.3 of 4
1 APPLN 659 OF 2013
are residing at Satara, it will be convenient for both parties, if all the cases are transferred from Pune Court to Satara. Hence I pass the following order.
ORDER
i) Criminal Miscellaneous Application
No.1306 of 2012 pending before J.M.F.C. Pune be transferred to J.M.F.C. Satara.
ii) Petition No.E.159 of 2012 pending before the Family Court, Pune, be transferred to the Court of Judicial Magistrate First Class, Satara.
iii) Criminal Appeal NO.258 of 2013 pending before the Sessions Judge, Pune be transferred to the Sessions Judge, Satara.
iv) Application is disposed of
accordingly.
(MRS. MRIDULA BHATKAR, J.)
Page No.4 of 4
1 issue framed by the court
Whether three criminal cases pending in Pune court should be transferred to Satara for convenience of parties residing there.
1 provisions across 1 enactments
Asif Babalal Shaikh and others
The State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
