criwp117.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 117 OF 2010 Madhukar s/o Rambhau Gore .. PETITIONER VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. R.J. Nirmal, advocate for the petitioner. Mr. V.D. Godbharale, APP for the State. Mr. S.R. Shirsat, advocate holding for Smt. S.S. Jadhav, advocate for respondent nos. 2 to 6. ===== CORAM : A.H. JOSHI, J. DATE : 11th OCTOBER, 2011. PER COURT : 1 Petitioner is aggrieved by transfer order passed by the learned Sessions Judge, Parbhani, on 16-9-2009 thereby transferring RCC No. 112/2007 to the Court of Ad-hoc Sessions Judge, Parbhani, to be tried with Sessions Case No. 137/2008, in accordance with law. 2 Petitioner is technically right and was entitled to be heard before the order was passed by the Sessions Court. Petitioner has placed reliance on two reported judgments in the matter of Nirmal Singh Vs. State of Haryana with Naib Singh Vs. State of Haryana and Guljar criwp117.10 2 Singh Vs. State of Haryana reported in 1996 Cri.L.J. 3998 and State Vs. Rattan Chandra and others reported in 1981 Cri.L.J. 446. 3 This Court is however of considered view that no useful purpose would be served by setting aside the order and remitting the case for fresh orders to the Sessions Court, since the ground on which the transfer has been effected aiming at justice. Moreover, the Sessions Judge could have even in administrative capacity passed such order. In such eventuality, notice therefore was not liable to be served on the accused persons in the respective cases. 4 In this view of the matter, this Court is of considered view that the matter does not warrant interference. Petition therefore fails as dismissed. 5 Interim stay granted by this Court on 16-2-2010 is vacated. ( A.H. JOSHI ) JUDGE dyb