Bombay High Court
Priyanka Rameshwar Kedar vs The State Of Maharashtra And Others on 7 December, 2021
Author: M.G. Sewlikar
Bench: M.G. Sewlikar
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1295 OF 2019
Priyanka Rameshwar Kedar Applicant
Versus
The State of Maharashtra & others Respondents
Mr. N.C. Garud, Advocate holding for Mr. Ashok Mundhe, Advocate
for the applicant.
Mr. S.D. Ghayal, APP for respondent/State.
Mr. A.A. Phad, Advocate for respondents No. 2 to 6.
CORAM : M.G. SEWLIKAR, J.
DATE : 7th December, 2021.
PER COURT :
1. This is an application for transfer of proceedings from the
Court of Judicial Magistrate First Class, Khalapur, Dist. Raigad to
the Court of Chief Judicial Magistrate, Aurangabad.
2. Facts in brief are that applicant is the wife of respondent
No. 2. Respondents No. 3 and 4 are the parents of respondent No. 2,
respondent No. 5 is the brother and respondent No. 6 is the married
sister of respondent No.2.
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3. Applicant lodged First Information Report in Khopoli
police station on the basis of which RCC No. 127/2018 came to be
filed against the respondents under Sections 498A, 406, 323, 504,
506 read with Section 34 of the Indian Penal Code.
4. Applicant filed this application for transfer of RCC No.
127/2018 to the Court of Chief Judicial Magistrate, Aurangabad
contending therein that at the time of lodging of the First Information
Report, she was staying at Khalapur. It is contended that applicant
lodged this First Information Report bearing No. 0/2018 with
Chempur police station, Mumbai and then it was transferred to
Khopoli police station and it was registered as Crime No. 54/2018.
At the time of lodging First Information Report, she was living with
her father at Chembur, Mumbai. Since March 2018, the applicant
has been residing at Aurangabad with her brother. She is taking
medical treatment at Aurangabad as she suffered mental trauma
because of the harassment caused by respondent No. 2. It is further
contended that Criminal Cases No. 261/18 and 262/2018 are
pending at Aurangabad. It is further contended that petition for
restitution of conjugal rights bearing No.567/2018 is pending at
Aurangabad. She, therefore, prays for transfer of the proceedings i.e.
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RCC No. 127/2018 at Aurangabad.
5. Respondents No. 2 to 6 filed their reply. They denied all
the allegations. It is contended by them that divorce proceedings are
pending at Panvel. They further submit that respondents No. 3 and
4 are old aged parents of respondent No. 2. Respondents No. 5 and
6 are the brother and sister of respondent No. 2. It is further
contended that respondent No. 6 is staying at Pune and being a lady,
it will not be possible for her to travel to Aurangabad on each and
every date. They, therefore, request for dismissal of the application.
6. Heard Shri Garud, learned counsel for the applicant,
Shri Ghayal, learned APP for the State and Shri Phad, learned
counsel for respondents No. 2 to 6.
7. It is not in dispute that three proceedings i.e. Criminal
Cases No. 261/2018, 262/2018 and H.M.P. No. 567/2018 are pending
at Aurangabad. Learned counsel Shri Garud submits that when
these three proceedings are pending at Aurangabad, there cannot be
any obstacle for respondent No. 2 to remain present at Aurangabad.
Learned counsel Shri Garud further submits that when First
Information Report was lodged under Section 498A of the Indian
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Penal Code, applicant was staying at Chembur with her father. Now,
she is staying at Aurangabad. Being a lady, it will not be possible for
her to remain present at Khalapur, Dist. Raigad.
8. Learned counsel Shri Phad submits that all these
proceedings are against respondent No. 2 only whereas in RCC No.
127/2018, not only respondent No. 2 is party but his parents, brother
and sister are also party. He submits that it will be difficult for
respondents No. 2 to 6 to remain present at Aurangabad. Learned
counsel Shri Garud submits that in Criminal Case No. 261/2018,
parents of respondent No. 2 are also party. Therefore, they are
required to remain present at Aurangabad. He further submits that
considering the age of parents, they can seek exemption from
attending the Court at Aurangabad. If exemption application is filed
by parents, he will not object to their exemption. Learned counsel
Shri Phad submits that applicant No. 6 is a lady and it will be
difficult for her to attend the Court every time. Learned counsel Shri
Gardu submits that if applicants No. 5 and 6 also file application for
exemption, he will not object for the same. Learned counsel Shri
Phad further submits that if all these proceedings are kept on
different dates, it will be inconvenient for respondents No. 2 to 6 to
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attending the Court.
9. Admittedly, all the proceedings are pending against
respondent No. 2 and his parents. On this background, I do not see
any impediment in transferring RCC No. 127/2018 to Aurangabad
from Khalapur. It is admitted position that parents of respondent No.
2 are old. Respondent No. 6 is a married woman and respondent No.
5 is a student. Considering the fact that parties are relatives of each
other, there will be no question of identification of the accused.
Therefore, as submitted by learned counsel Shri Garud, respondents
No. 3 to 6 can seek exemption from attending the Court. As and
when necessary, the Court can direct respondents No. 3 to 6 to
remain present before it. Having regard to this, I am inclined to allow
the application on certain conditions. Hence the following order :-
ORDER
i) Application is allowed.
ii) RCC No. 127/2018 pending on the file of
Judicial Magistrate, First Class, Khalapur is
withdrawn and transferred to the Court of Chief Judicial Magistrate, Aurangabad, for disposal according to law.
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iii) In case application for exemption is filed by respondents No. 3 to 6, the learned Trial Court can deal with the application in view of the submissions made by learned counsel for the applicant in paragraph No. 8.
iv) As and when required, learned Trial Court can direct respondents No. 3 to 6 to remain present before it.
v) The Court in which all these proceedings are pending, shall, as far as possible, keep all these proceedings on one date convenient to both the parties.
vi) All these proceedings shall be disposed of by the Trial Court within a year.
vii) Application stands disposed of.
( M. G. SEWLIKAR ) Judge dyb ::: Uploaded on - 09/12/2021 ::: Downloaded on - 09/12/2021 23:43:29 :::