The High Court dismissed a criminal writ petition invoking Article 227 of the Constitution seeking transfer of a domestic violence case. It held that no fault was found in the lower court's order and directed the trial court to proceed expeditiously.
Writ Petition dismissed; stay on lower court order rejected.
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.
30.WP162_2019.doc
Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION No. 162 OF 2019
Mrs. Archita Pranav Thaker … Petitioner vs.
Pranav Ashok Thaker & Ors. … Respondents
Ms. Archita P. Thaker, petitioner appears in person. Mr. Sandeep V. Bane, Advocate appointed through legal aid for the petitioner.
Mr. Rahul A. Hande, Advocate for respondent no. 1. Mr. Abhijeet Londhe, Advocate for respondent no. 2. Mr. Vinod Chate, APP for respondent no. 6/State.
CORAM: Mrs.MRIDULA BHATKAR, J. DATED: 21st January, 2019
P.C. :
Advocate Mr. Sandeep V. Bane appointed from the panel of
Legal Aid is present. However, as the petitioner/party-in-person got certificate that she can assist the Court, Advocate Mr. Sandeep Bane is discharged.
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30.WP162_2019.doc
Article 227 of the Constitution of India, the order dated 4th January, 2019 passed by the learned Sessions Judge, Greater Mumbai rejecting the Application for transfer of Case No. 36/DV/2013 pending in 32nd Metropolitan Magistrate Court, Bandra to any other Court of Bandra.
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30.WP162_2019.doc
(MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether Article 227 of the Constitution of India provides adequate jurisdiction to relieve the applicant of prejudice caused by the trial court proceedings including non-transfer of the case?
Whether the High Court is justified in dismissing the writ petition seeking transfer of a domestic violence case under Section 91 of the Cr.P.C. and expediting the trial?
2 provisions across 2 enactments
Mrs. Archita Pranav Thaker
Pranav Ashok Thaker
Mrs. J. Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
