1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APL] No. 75 of 2011 (Ajaj Ahmad S/o. Abdul Nazir Qureshi and others Vs. State of Maharashtra and another) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N.B. Raut, Advocate for the applicants. Mr. D.B. Yengal, APP for the State/non-applicant no.1 CORAM : Prasanna B. Varale, J. DATE : 22nd August, 2011. Heard Mr. N.B. Raut, learned Advocate for the applicants and Mr. D.B. Yengal, learned APP for the State/non-applicant no.1. None appears on behalf of non- applicant no.2, though served. The applicants are seeking transfer of Misc. Criminal Application No. 76/2010 and Criminal Complaint Case No. 63/2010, pending on the file of the learned Judicial Magistrate First Class, Nandgaon Khandeshwar, to any other Court. An application to that effect bearing Misc.Cri.Appln. No. 123/2010 was filed before the learned Sessions Judge, Amravati, which came to be rejected Learned Advocate for the applicants submits that the ground to seek transfer was that the learned Magistrate has not considered the objection raised by the applicants and as such there is an apprehension in the mind of the applicants that they will not get the justice. 2 Perused the order passed by the learned Sessions Judge, Amravati. It is observed by the learned Sessions Judge that the procedure was duly followed by the learned Magistrate and the order passed by the learned Magistrate is in accordance with the provisions of law. Except the ground that the non-applicant no.2 is resident of Nandgaon Khandeshwar, no other ground to seek transfer from Nandgaon Khandeshwar to any other place in Amravati was raised. Even the allegations are not supported by any material. The learned Sessions Judge also observed that the time frame is laid down in the Act to decide the application. In view of the object of enactment by giving proper opportunity to the parties and by considering the material on record, the learned Magistrate has passed the order. No fault could be found either in the order passed by the learned Magistrate or by the learned Sessions Judge. The application is devoid of merits and deserves to be rejected. Application is rejected. JUDGE *sdw