1 Criminal Appl.No.534 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.534 OF 2010 Smt.Shobha @ Nikita Nitin Kamble, Age-24 years, Occu-Police Constable, (Railway) B.No.1313, R/o.C/o.Shobha d/o.Vinayak Gaikwad, Railway Police Constable, Railway Police Office, Pune, presently residing at - C/o.Vinayak Maruti Gaikwad, Pawal Chawl, behind Sawant Nagari, Survey No.24, Bopodi, Pune-3, APPLICANT VERSUS Nitin S/o.Ashok Kamble, Age-28 years, Occu-Service, R/o.C/o.Keshar Ashok Kamble, “Keshar”, Ramkrishna Vihar, Near Dr.Videkar Hospital, Ganesh Nagar, Nanded, Tal. And Dist. Nanded RESPONDENT Mr.Sandeep S.Deshmukh, learned counsel for the applicant. Mr.S.L.Jondhale, learned counsel for respondent. (CORAM : A.V.POTDAR, J.) DATE : 17/10/2011 PER COURT : 1. This application is filed by the applicant/wife to transfer RCC 2 Criminal Appl.No.534 of 2010 No.802/2008 pending on the file of J.M.F.C. Nanded from the Court of Nanded to any Criminal Court at Pune, on the ground that, she has filed various proceedings against the husband/present respondent in the Court at Pune. Every time, she is not able to travel from Pune to Nanded considering her financial position. 2. The application is opposed on behalf of the respondent by filing affidavit in reply wherein it is stated that all the accused are not arrayed as respondents in this application when the complainant has filed transfer application u/s. 407 of The Cr.P.C. to transfer the case from the court of J.M.F.C. Nanded to any Criminal Court at Pune. It is also contended that charge is already framed against the respondent and other accused, who were arrayed as an accused in the said criminal trial. One witness is also examined and now the summons is issued on the present applicant to give her evidence. It is urged that this application is filed only to harass the respondent and his relatives, who were arrayed as an accused in RCC No. 802/2008. 3. I have perused the record. Perusal of the record shows that an offence was registered in the Police Station at Nanded at the instance of present applicant, as the alleged incident had taken place at Nanded. Thereafter, the applicant shifted to Pune as she is working as a Railway Police Constable. 3 Criminal Appl.No.534 of 2010 4. In the criminal trial, she is cited as a witness, even though she is a complainant. Under the provisions of criminal manual, whenever any witness attends the court to give evidence, the witness became entitled for the necessary travelling allowance of the same date. Already summons is served on the applicant. In such circumstances, she can request the Court to fix the date of recording of her evidence and to record her evidence on the day itself. Merely on that ground, transfer of proceeding from one Court to another court can not be considered. Considering the ground, on which the transfer is asked from the Court of J.M.F.C. nanded to the Court at Pune, is, not appeared to be convincing. In the substance, there is no merits in the application, hence rejected. 5. However, it is clarified that in case the complainant/applicant makes a request to the Lower Court to record her evidence on the date, of which summons is served on her to record her evidence before J.M.F.C. Nanded, learned Lower Court to record her evidence on that day only. With this clarification, application is disposed of. (A.V.POTDAR, J.) khs/OCT.2011/cri.appl.534-10