Disposed¶17

Rupali Gopal Kandle v. the State of Maharashtra and Another

Bombay HC8 Apr 2025WP/489/2025

Case brief

AI extract

What is this about?

Rupali Gopal Kandle v. State of Maharashtra and another; Criminal Writ Petition No. 489 of 2025; Bombay High Court, Aurangabad Bench; Shailesh P. Brahme, J.; order dated 08.04.2025; challenge to transfer of trial; R.C.C. No. 35 of 2022; Cri. M. A. No. 180 of 2024; Sessions Judge Beed; JMFC Shirur Kasar; JMFC Beed; Cr. No. 82/2023; Section 307 IPC; prejudice to prosecutrix wife with minor daughter; travel from Shirur Kasar to Beed; witnesses; prima facie unbalanced view; ad-interim relief prayer clause D; notice for final disposal returnable 17.06.2025; A.P.P. K. K. Naik; advocates R. G. Hange / A. R. Hange.

What did the court decide?

Ad-interim relief in terms of prayer clause ”D”; notice to respondents for final disposal, returnable on 17.06.2025; merits expressly left open. ¶17

Rupali Gopal Kandle vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim relief in terms of prayer clause ”D”; notice to respondents for final disposal, returnable on 17.06.2025; merits expressly left open.

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Issue for consideration

Whether the order dated 11.03.2025 of the learned Sessions Judge, Beed in Cri. M. A. No. 180 of 2024, transferring R.C.C. No. 35 of 2022 from the Court of JMFC, Shirur Kasar, Dist. Beed to the Court of JMFC, Beed, should be interfered with. +1 more

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Court's answer

Notice is issued to the respondents for final disposal, returnable on 17.06.2025; the learned A.P.P. waives notice for respondent No. 1.

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Ratio / Principle

Ad-interim relief is granted in terms of prayer clause ”D”.

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Key takeaways

Prima facie, the learned Sessions Judge has not taken a balanced view; the prejudice likely to be caused to the petitioner to travel from Shirur Kasar to Beed with minor or with her witnesses is overlooked (sentence continues at the top of the next page of the source).obiter¶13

Detailed headnote1 paragraphs

Interim order. Criminal Writ Petition No. 489 of 2025, High Court of Judicature at Bombay, Bench at Aurangabad (Shailesh P. Brahme, J., 08.04.2025). Rupali Gopal Kandle, a wife with a minor daughter prosecuting R.C.C. No. 35 of 2022 and the lodger of offence Cr. No. 82/2023 under Section 307 of the I.P. Code, challenged the order dated 11.03.2025 of the learned Sessions Judge, Beed in Cri. M. A. No. 180 of 2024 transferring R.C.C. No. 35 of 2022 from the Court of JMFC, Shirur Kasar, Dist. Beed to the Court of JMFC, Beed. The Court observed, prima facie, that the learned Sessions Judge has not taken a balanced view and that the prejudice likely to be caused to the petitioner in travelling from Shirur Kasar to Beed with her minor child or witnesses is overlooked. Notice was issued to the respondents for final disposal, returnable on 17.06.2025; the learned A.P.P. waived notice for respondent No. 1; and ad-interim relief was granted in terms of prayer clause ”D”. The merits were not decided and remain open for final disposal.

Rupali Gopal Kandle v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Rupali Gopal Kandle v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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