SSK/921 1 WP/3282.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3282 OF 2011 Sandesh Vithal Chopdekar & 2 ors. ....Petitioners Versus Samrudhi Sandesh Chopdekar & Anr. ...Respondents Mr. P. R. Arjunwadkar, advocate for the petitioners. Mr. A. S. Shitole, APP for the State. CORAM : RANJIT MORE, J. DATED : 1st DECEMBER, 2011. P.C.: The petitioners by filing this petition under Article 227 of the Constitution of India read with the provisions of Section 482 of the Cr.P.C challenges Order dated 3rd May, 2011 passed by learned JMFC, Thane which is confirmed by learned Extra Joint Ad-Hoc Addl. Sessions Judge, Thane in revision. 2. The petitioners are accused in RCC No.1561 of 2008. The said case is filed by respondent no.1-complainant under the provisions of Sections 498A, 504, 506(2) read with Section 34 of the I.P.C. before the JMFC at Thane. The charges against the petitioners are already framed and the trial is started and two witnesses have already been examined by the prosecution. SSK/921 2 WP/3282.11 3. The accused thereafter for the first time approached the Magistrate Court on 20th November, 2010 by filing an application with prayer to return the case to prosecution for want of jurisdiction of the Court. It is alleged that petitioner no.1 after marriage with respondent no.1- complainant all the way was staying at Pune and the offences are alleged to have been committed by the petitioner no.1 at Pune, and therefore, Thane Court would not have any jurisidiction. Learned Magistrate observed that the trial is at an advanced stage and it would be just to decide the petitioners’ application at the final hearing of the criminal case. The Magistrate ultimately decided to hear the said application at the final hearing of the criminal case. As stated above, this order was confirmed by the appellate court in revision. I find that the petitioners’ application is not rejected. The said application will be considered at the time of final hearing of the criminal case. In my opinion, no fault could be found in the said order, as the petitioners themselves came at very late stage before the Magistrate. In any case, no prejudice will be caused to the petitioners, if the issue of jurisdiction is decided along with the trial of the main case especially when the trial is at advanced stage. Taking over all circumstances into consideration, I am not inclined to interfere with the impugned order under writ jurisdiction of this Court conferred under Article 227 of the Constitution of India. The writ petition is, accordingly, dismissed. (RANJIT MORE, J.)