[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3099 OF 2008 Rajesh Vinod Gajria and Ors. ..Applicants Vs. State of Maharashtra ..Respondent ... Mr.Rahul Arote advocate for Mr.Sudeep Pasbola Advocate for applicant Mr.K.V.Saste A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 18, 2008 DATE : SEPTEMBER 18, 2008 DATE : SEPTEMBER 18, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is facing the prosecution in Sessions Case No.867 of 2006. The case was earlier pending before the learned Sessions Judge Shri.P.T.Chaware who was presiding over Court No.6 at Sewree. The case of the applicant is that after 14 witnesses were examined in the said case before Shri.Chaware, Shri.Chaware came to be transferred from the Court at Sewree to the Principal seat. The contention of the applicant is that since 14 [-2-] witnesses have been examined by Shri.Chaware and as the trial was substantially conducted by Shri.Chaware, the case should be transferred to the Court presided over by Shri.Chaware who is now at the principal seat in Mumbai. 3. It is seen that the Principal Judge has given liberty to any of the Sessions Judges who are transferred to the principal seat, to write to the Principal Judge for transfer of any Sessions Cases which are substantially part-heard by them. However, Shri.Chaware had not written to the Principal Judge in respect of transfer of Sessions Case No. 867 of 2006, 119 of 2007 and 433 of 2007. In fact, remarks were called from Shri.Chaware. He stated that he is presiding over the civil court and due to urgent nature of work before him, it is impossible for him to deal with the sessions cases at the principal seat. Looking to the remarks of Shri.Chaware, Principal Judge rejected the application for transfer. Looking to the reasons given by the Principal Judge, I find no case is made out for interference. Application is rejected. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]