1 Criminal Appl.No.2111 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2111 OF 2010 1. Abhay S/o.Baburao Shelar, Age-35 years, Occu-Service, 2. Baburao S/o.Sahebrao Shelar, Age-72 years, 3. Vaishali D/o.Baburao Shelar, Age-65 years, Occu- - 4. Ajay S/o.Baurao Shelar, Age-35 years, 5. Aditi W/o. Ajay Shelar, Age-32 years, All applicants are R/o.Godoli, Tq. And Dist. Satara, APPLICANTS VERSUS 1. State of Maharashtra 2. Rasika Abhay Shelar, Age-28 years, Occu-Household, R/o.Koyna, Sanmitra Colony, Golibar Maidan, Plot No.97, Godoli, Tq. And Dist.Satara, At Present Maharashtra Housing Society, Barshi Road, Latur RESPONDENTS Mr.K.C.Sant, learned counsel for the applicants. Mr.S.G.Nandedkar, learned A.P.P. for respondent State Mr.S.J.Salgare h/f. Mrs.S.S.Jadhav, learned counsel for respondent no.2. 2 Criminal Appl.No.2111 of 2010 (CORAM : A.V.POTDAR, J.) DATE : 09/09/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By the present application, the applicants have prayed to quash and set aside the complaint lodged in MIDC Police Station, Latur at CR No.32/2010 for the offence u/s. 498-A, 323, 504, 506 r/w. 34 of the IPC. 3. Admittedly, after completion of investigation, charge sheet was filed in the Court of J.M.F.C. Latur. On hearing learned counsel for applicants, learned counsel for respondent no.1 and learned A.P.P., prima facie it appears that the incident as mentioned in the complaint admittedly taken place at Satara within the jurisdiction of Sessions Court, Satara and not within the jurisdiction of Sessions Court Latur, by the way Criminal Court at Latur can take the cognizance of the complaint. Considering this aspect, so also the papers of investigation prima facie discloses the commission of the offence as alleged. It is not proper to quash and set aside CR No. 32/2010 and the charge sheet filed pursuant to the investigation carried out, but it is proper to issue directions to the learned J.M.F.C. to transfer the matter by following due procedure of law to 3 Criminal Appl.No.2111 of 2010 the Court at Satara. 4. In the premise, the prayer to quash and set aside CR No. 32/2010 and the charge sheet filed pursuant to the said CR is dismissed, however the oral submission of learned counsel for applicants to transfer the charge sheet filed pursuant to CR No. 32/2010 to the Court of Chief Judicial Magistrate, Satara, is granted. The application stands disposed of in the above terms. 5. Rule thus made absolute. Parties to act on the authenticate copy of this order. Learned Chief Judicial Magistrate, Satara, on receipt of charge sheet, to issue notices to the parties to secure their presence. (A.V.POTDAR, J.) khs/SEPT.2011/cri.appl.2111-10