1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.2443 OF 2009 Mrs.S.R.Gosavi ...Applicant. v. State of Maharashtra & Ors. ...Respondents. Mr.J.D.Khairnar, adv. For the Applicant. Smt.A.A.Mane, APP For the Respondent No.1/State. Mr.Ajay S. Patil, adv. for the Respondent Nos.2 to 5. CORAM : J.H. BHATIA, J. DATED : JUNE 7, 2010 P.C. 1 Heard the learned counsel for the parties. Mediation could not succeed. 2 Applicant is wife of the respondent no.2. Respondent nos.3 to 5 are the other relatives of the respondent no.2. Applicant/wife after marriage was living with her husband at Bhusaval and according to her she was treated with cruelty. After the parties began to live separately, she went to her parents house at Malegaon and lodged report with police station at Malegaon. However, as no incident had taken place at Malegaon, Malegaon police did not have jurisdiction to investigate the matter and the case was transferred to Bhusaval Police Station. Bhusaval police after investigation filed the charge-sheet for the 2 offences punishable under Sections 498A, 323, 504, 506 r/w Section 34 of the I.P.C. and that case is pending before the J.M.F.C., Bhusaval. By this application the applicant/wife seeks transfer of this case to Malegaon. According to her, it is too expensive for her to attend the Court at Bhusaval. She is living with her old parents, who do not keep well. Bhusaval is about 250 kms from Village Chinchave where she resides. She had also filed a case for her appointment as guardian for her children, which is pending before the Civil Court at Malegaon. Application is opposed. 3 It is material to note that the Regular Criminal Case No. 366/2008 is pending before the Bhusaval Court on the basis of chargesheet filed by the police and in such a case, person who had initiated the action by lodging the report by police is not required to attend the case on every day. She will be required to attend the Court only when she receives summons to give evidence. In the matter as per the procedure when a witness is called before the Court, witnesses are entitled to bhatta for attending the Court and it includes transportation charges also. Matter about her appointment as guardian is pending before the Civil Judge Senior Division, Malegaon. That case has nothing to do with the criminal case. If the criminal case is transferred to Malegaon, 3 four accused persons will be required to attend the Court on every date. That will cause much more inconvenience to them. The learned counsel also contends that the applicant apprehends danger to her life. There is no material to hold that such apprehension is well founded. 4 For the aforesaid reasons, application stands dismissed. (J.H. BHATIA,J.)