1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4339 OF 2009 Sonal V. Patil ...Applicant. v. Shri Vijay B. Patil & Anr. ...Respondents. Mr.Amit A. Shete, adv. For the Applicant. Mr. Satyajeet M. Mirajkar, adv. For the Respondent No.1. Smt. A.A.Mane, APP for the R.No.2/State. CORAM : J.H. BHATIA, J. DATED : AUGUST 3, 2010 P.C. 1 Heard the learned counsel for the Parties. 2 The applicant and the respondent no.1 were married in the year December, 1999 and since January, 2001, they are living separately. It appears that in 2006 applicant filed application under Section 125 of the Cr.P.C. before the J.M.F.C., Solapur, which has been decided. Then she filed complaint under section 494 of the IPC before the JMFC, Solapur, which is pending. Besides that she had also filed a report with police station Kagal in District Kolhapur, on the basis of which after investigation, police filed chargesheet against the accused/respondent under Section 498-A of I.P.C. By this application, the applicant seeks 2 transfer of the case under Section 498-A from the file of J.M.F.C., Kagal to Solapur. The only ground for the transfer is that it is inconvenient for her to travel to Kagal on every date because she has to look after 6-7 years old school going daughter. Application is opposed. 3 As Regular Criminal Case No.61 of 2009 under Section 498-A is pending before the J.M.F.C., Kagal based on the charge-sheet filed by the police, the applicant is not required to attend the Court on every date. She will be required to attend the Court only as a witness as and when summons will be served upon her by the Court. When the witness summons is served upon the witness, he or she is also entitled to traveling allowance/ bhatta from the Court. Witness may not be required to attend the Court repeatedly. At the most she may be required to attend the Court once or twice for giving the evidence and that too at the cost of the Government. The distance between the two stations is about 300 kms but both the places are well connected by the buses. If the case is transferred from Kagal, where the whole incident had occurred, it may be convenient to the applicant but many persons including witnesses will be put to a greater hardship. 3 4 For the aforesaid reasons, application stands rejected. (J.H. BHATIA,J.)